KOCHI: Observing that registering a Pocso case against the mother of a one-and-a-half-year-old child based on the complaint of the father is unfortunate, the Kerala High Court on Tuesday granted bail to the mother in the case.
Kodungallur police had registered a case against the mother for allegedly committing sexual assault on her daughter. The court noted that there is a matrimonial dispute between the couple and a dispute regarding the custody of the child.
The husband filed a complaint stating that the mother sexually assaulted her one-and-a-half-year-old child. “Of course, it is a matter of investigation. But, the way the matrimonial disputes are going in our society is shameful to all of us,” said Justice P V Kunhikrishnan.
The court said, “It is unfortunate that a case like this is registered against the mother of a one-and-half-year old kid. She is a mother of a breast-feeding child. She delivered a child in the relationship with the complainant.”
The report filed by the sub-inspector stated that more inquiry is to be conducted before proceeding with the case. “That itself shows that even the investigating officer is not convinced about the statement of the complainant,” said the court. While deciding another bail application a week ago, the court observed that there cannot be any unilateral investigation based on the complaint of a lady, treating it as gospel truth. The court said that the same principle is applicable vice versa, too.