HYDERABAD: A 40-year-old woman was convicted by a Hyderabad court for providing false information in a POCSO case after allegedly tutoring her four-and-a-half-year-old son to make allegations against his father. The court sentenced her to six months’ imprisonment but released her on probation, subject to her maintaining peace and good behaviour for two years and not committing a similar offence during the period.
In January 2018, the woman lodged a complaint with the Osmania University (OU) police alleging that her husband, his brother and household staff had sexually assaulted their son. The police subsequently filed a final report before the court, stating that the case suffered from lack of evidence.
The woman’s husband later lodged a complaint against her, alleging that she had filed a false case, misused the law, traumatised the child and fabricated evidence to settle disputes between them. He told the court that he and his wife had been living separately since January 2018 and that she had earlier approached Karkhana police with similar allegations, though no case was registered there.
The child was examined at Bharosa Centre on February 3, 2018. During the examination, he stated that the alleged offence had occurred the previous Saturday. A paediatric surgeon who examined him found no obvious external injuries and referred him for a forensic examination. The forensic doctor subsequently opined that there were no signs of a recent sexual assault and that collection of swabs was unnecessary in the absence of injuries or other stains.
During the trial, the court found that the woman had a tendency to file false cases to settle disputes with her husband and had involved the child in those disputes, adversely affecting him. The court also concluded that the child had been tutored to make allegations against his father.
The court convicted the woman under Section 22(1) of the POCSO Act, which deals with providing false information, and sentenced her to six months’ imprisonment.
Seeking leniency, her counsel told the court that the child, now aged around 13 to 14, was in the custody of both parents, who shared custody for three to four days a week. The counsel argued that there was no possibility of the child being further tutored.
“In view of the above reason, I am inclined to give benefit under the Probation of Offenders Act,” the court said.
The woman was released under Section 4 of the Probation of Offenders Act on the condition that she maintain peace and good behaviour for two years and not commit a similar offence during the period. She was also directed to execute a personal bond of `25,000 with one surety.