Thiruvananthapuram: The remarks made by the Supreme Court while considering the petition filed by the son seeking cancellation of the bail granted to the mother by the High Court on the complaint that the mother molested a 13-year-old boy in Kadaikkavur is bringing this case into focus again. The case was based on a complaint filed by the father that the mother had sexually abused the son. The question of the bench chaired by Justice Suryakant is whether the father is suspected to be behind the complaint and if so the mother is also not a victim in this case. A police team led by an IPS officer had given a report that the complaint was false in the investigation conducted as per the High Court’s direction to conduct a detailed investigation in this case. The POCSO court found the allegation fabricated and the mother innocent and acquitted the mother. In the same case, the father has approached the Supreme Court on behalf of his 14-year-old son, demanding cancellation of bail.
The court expressed doubt that the father may be interested in the appeal petition filed against the complainant’s mother in the POXOC case. The court’s reference is that the necessary documents including the conciliation report are not with the petition. The court also observed that the high court’s intervention and the investigation team’s report made the father suspicious. The court said that the child was pressured as part of the divorce case with the child’s mother and this complaint was made in the interest of justice and in that case the mother would also be considered as a victim. Although the child’s lawyer denied the allegations, the court was not ready to accept the appeal file and send a notice. The petition was considered by Suryakant and Abhay SK.
Two weeks time was given to produce the documents.
Divorce case started
When the cases where the husband married another woman and demanded alimony are pending in the Atingal Court, the move is made to kill the mother by filing a POCSO case with her son. The couple has four children, only one son is with his mother now.
The allegation that the police filed an FIR without conducting a detailed investigation has been leveled against the police in this case from the very beginning. Whether all the procedures were followed in the arrest of the mother should also be examined. He was arrested and taken to the establishment where he was working. All the warrants were prepared later. There is an allegation from the beginning that the police were complicit in the mischief of remanding them in the POCSO case and sending them to jail.
Locals who knew the mother joined the family by forming a Karma Samiti. The woman who came out of jail is dead and alive. He did not commit suicide only because of his family’s support. The role of the accused father in this case needs to be investigated in detail. . It has to be proved whether the mother was victimized or not. The Supreme Court’s words are hopeful. Anyway, the court will hear the case again after two weeks.
Kadaikkavur POCSO Case …..at a Glance
* On December 28, 2020, a mother in Kadaikkavur was arrested for allegedly sexually assaulting her son.
* Child welfare committee president N. requested that the report was not filed as stated in the FIR given by the police and that the FIR should be corrected. Sunanda gives letter to State Police Chief, Home Secretary, IG Harshita Attaluri.
* The case reaches the High Court. Bail to mother after one month in jail HC orders detailed investigation. And a numbered reminder of the preliminary investigation the local police must conduct before an arrest is made
* SP Divyagopinath’s investigation report to POCSO court. Again to the High Court as the action is delayed despite the report
* High Court asks for quick action, mother is acquitted.
* No action was taken against those who filed false complaints and those who were jailed.
Allegations and faults
The allegations made against the mother in Kadaikkavur by the father involving his minor son were falling apart from the very beginning. District Child Welfare Committee Chairperson N. Sunanda rejected the claim of the Kadaikkavur Police that the case was registered based on the report of the Child Welfare Committee. In the FIR of the case, the name of the Chairperson of the Child Welfare Committee was given instead of the person who gave the information. But Annavar told the media that he had not given such information.
In this case, the child was brought before the Child Welfare Committee only for counseling by the police who received the complaint. Based on that, the child was counseled and the report was handed over to the police. Sunanda had stated at that time that she did not file a complaint or inform the police that such an incident had taken place as stated in the FIR.
It was the chairperson of the District Child Welfare Committee who first spoke about the failure of the Kadaikkavur police in preparing the FIR. They also demanded that the FIR be corrected. The state police chief, I.G. The District Child Welfare Committee had given a letter to Harshita Attaluri and Home Secretary.
The then police chief Loknath Behra IG ordered a detailed investigation. At this time, the accused mother was in jail.
After spending a month in jail, the High Court granted bail to her. Pointing out that there were inconsistencies in the case diary, the High Court had directed to appoint a special team led by an IPS officer for a detailed investigation. On January 22, 2021, High Court Judge V. Shersi gave strict instructions to find the truth in the case.
In the bail petition, even the investigation up to that point was evaluated and a detailed investigation was ordered. The court also explained that the investigation in such cases should be adequate.
The then Superintendent of Police, Loknath Behra, was instructed to issue strict instructions to all station house officers that in case of inhumane and unreasonable complaints, they should register a case only after conducting a preliminary investigation.
In this case, the court ordered to arrest the mother and take legal action against the mother if anyone had taught the child under pressure.
It was requested.
Report by Divyagopinath
The investigation team led by SP Divya Gopinath of the ICT wing of the police took up the case. According to the demand of the team, a medical board was formed under the leadership of the Medical College Hospital Superintendent Dr. Sharmad. A team consisting of eight expert doctors examined the child in the hospital for two weeks.
The team headed by S.P. Divyagopinath submitted a report to Thiruvananthapuram Pocsoc Court stating that there is no evidence to file a charge sheet in this case, the thirteen-year-old’s statement is not credible and the allegation is false. The court accepted the report submitted by the investigation team. POCSO Court Judge KV Rajneesh ordered to end further proceedings in the case. With this, the mother was acquitted.
The mother had again approached the High Court showing that the investigation team had submitted a report to the POCSO court demanding that the case be closed. After considering the petition, the High Court handed over the order to the POCSO Court to close the case quickly in the light of the investigation report.
Although the case was over, no action was taken against those who made allegations against the mother in Kadaikkavur, who went through extreme mental torture, or against those who took a case and put her in jail. It is extremely shameful that those who make such false complaints walk away with a wave of their hands. Justice for the real victims will be the victory of the truth.
Content Highlights: kadakkavoor pocso case-in-depth-supreme court
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