KOCHI: The Kerala High Court has observed that even though child molestation is a shame for society as a whole, false allegations of the same can be lethal to the accused, who is also a parent of the victim, even if he is later acquitted.
A Division Bench comprising Justice K Vinod Chandran and Justice C Jayachandran made the observation while acquitting K Raghavan of Wayanadu accused of the offence under the POCSO Act.
"Forensic and semantics apart, child molestation is a shame on society; but if the allegations are false, it is lethal to the life of the accused, more so if the accused is a parent; even if he is eventually acquitted," stated in the order. Here a child raises such accusation against her father with the active support of the stepmother; sheer instigation by the latter pleads the accused.
The petitioner argued that the medical evidence is sketchy and there is absolutely no evidence of a penetrative sexual assault.
The prosecution has not proved the guilt of the accused beyond all reasonable doubt. The charge is vague and does not specify the date on which the alleged act of rape was committed despite the complaint having been raised within the month itself. The testimony of the stepmother is full of holes and as a whole lacks credibility. "We are, in the totality of the circumstances, constrained to give the accused the benefit of doubt and acquit him of the charges," held the court.