Chandigarh: Landlord’s 2 sons implicated in molestation case by tenant let off
The Chandigarh court noted that the complainant failed to pursue the case, did not present any evidence, and showed no interest in further proceedings; as a result, the court accepted the cancellation report and closed the case
In a two-year-old molestation case involving a minor, a special fast-track court dealing with rape and POCSO Act cases has accepted a cancellation report filed by the Chandigarh Police.
Police had moved for cancellation of FIR after investigation revealed that the two accused, who are sons of the “victim’s” landlord, were falsely implicated by the complainant, the minor girl’s mother, who wanted to avoid paying rent.
When the landlord sent a legal notice, she filed the present complaint with allegations of outraging modesty of her minor daughter, states the cancellation report.
The accused were not even in the city when the alleged incident occurred and were at their workplaces in Noida and Mohali, police stated.
After investigation revealed the actual story, police filed a report in court for cancellation of the 2023 case registered under Sections 354 and 509 (both for outraging a woman’s modesty) of the Indian Penal Code, and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act.
The court noted that the complainant failed to pursue the case, did not present any evidence, and showed no interest in further proceedings. As a result, the court accepted the cancellation report and closed the case.
Complainant herself booked in drug case: Police probe
During probe, police also found that the complainant herself was involved in an NDPS Act case. Further, her elder daughter had also lodged similar case of sexual assault, but resiled from her statement during trial.
As such, the allegations against the accused persons were found false and police filed the cancellation report.
The court of additional sessions judge Yashika stated that since the complainant was required to examine herself as well as the victim, who was allegedly being molested by accused persons, but she neither filed any fresh complaint nor examined herself or her daughter, it appeared to the court that she was no more interested in pursuing the matter further.
Hence, the court was left with no other option except to accept the present cancellation report, said the judge, accepting police’s cancellation report.
Several opportunities were granted to the complainant for leading preliminary evidence, but she did not turn up, observed the court.
A perusal of the file revealed that the complainant had appeared only twice before the court, on August 30 and August 31, 2024, and ultimately preliminary evidence was closed by the court’s order on December 4 last year.