KOCHI: Pointing out glaring discrepancies in the investigation, the Kerala High Court on Friday granted bail to the woman who has been accused of abusing her minor son sexually. While granting bail, Justice Shircy V directed the state police chief to constitute a special team headed by an IPS officer, preferably a lady, to delve deep into the allegations and complete the probe at the earliest as the offences charged against the woman are grave and quite unheard of.
The court said, if the child involved in the case was brainwashed or tutored by someone to make such wild allegations against his mother, they too have to be booked. The child had revealed the incident while staying in Sharjah with his father and stepmother.“Though they reached Kerala in September 2020 itself, the complaint was lodged before the Kadakkavoor police only on November 10. It appears that the investigating agency has not probed the reason for the delay in approaching the police though they say that a very serious offence was committed by the mother against her own minor child,” the judge said.
Glaring defects and unexplained circumstances were seen on record, the court said.“Though the prosecution has said that the child was counselled for around 10 days, it appears from the case diary that no such counselling was given to the child,” the HC judge said.The court also questioned the contention of the senior public prosecutor that the child had given a consistent version before the police, the Child Welfare Committee, the Judicial First Class Magistrate and the doctor.
“The child has stated several incidents before the doctor which were not revealed in the earlier statement before the Magistrate. However, on medical examination, nothing abnormal was found on the body of the minor child,” the judge said.The husband and the petitioner are at loggerheads with each other and he had taken away the minor children from her without consent when the petition filed by her for the child’s custody was pending.
The investigation agency failed to check the veracity of the child’s version and also to ascertain whether the complaint lodged against her was genuine, the HC said.“The police have not given any serious attention to those aspects. Also to whether the child was tutored or brainwashed by the father or the lady he was residing with without divorcing the petitioner,” the HC observed. The court also noted there was nothing to suggest at this stage that the mother had drugged the victim to commit any illegal or inhuman act.