NEW DELHI: The Supreme Court has issued notice and protected the petitioner-accused under multiple sections of the Protection of Children from Sexual Offences (POCSO) Act, while highlighting the need for consideration of the entire case on merits.
A two-judge bench of the top court, led by Justice Manoj Misra and Justice Ujjal Bhuyan passed the order.
Arguing before the bench, counsel for the petitioner, Advocates Tarini K. Nayak and C. Arvind, claimed that the case was a product of a long-standing enmity between the petitioner and the complainant’s father. It was pointed to that a delay of over four years in lodging the First Information Report (FIR) is a significant factor which casts doubt over the credibility of the complaint, suggesting the possibility of tutoring of the complainant by her father.
The petitioner, also a close friend of the complainant’s mother—who herself is a co-accused—allegedly supported her in ongoing family court disputes with her estranged husband, i.e. the father of the complainant. The mother, previously granted anticipatory bail by the Kerala High Court, is accused of pressuring the child to “sleep with the accused,” according to the FIR filed in April 2025. The alleged incidents, however, date back to 2021, intensifying scrutiny over the timing and motives behind the complaint.
The petitioner approached the Supreme Court after the Kerala High Court dismissed his plea for anticipatory bail and rejecting his contention that the case stemmed from “severe matrimonial strife”.
The Supreme Court’s decision of issuing notice comes as it weighs the implications of the delayed FIR and the broader context of an acrimonious matrimonial battle playing out across multiple legal forums. The case underscores the complex intersections between child protection laws and family disputes, as the Court proceeds to examine the genuineness of the allegations against the petitioner.
The matter is expected to come up for further hearing following the State’s response to the notice.