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More women misusing POCSO, SC/ST Acts now: Allahabad High Court
It is very unfortunate that nowadays, in maximum cases, women are using it as a weapon just to grab money, which should be stopped,” the court observed.
The Allahabad High Court has frowned upon the rising instances of fake complaints and misuse of legal provisions under the Protection of Children from Sexual Offences Act (POCSO) Act and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, also popular as the SC/ST Act, “to grab money” from the state.
While granting bail to a man accused of committing sexual offences, Justice Shekhar Kumar Yadav observed: “...there are certain instances of false FIRs under the POCSO Act and the SC/ST Act lodged against innocent persons... It is very unfortunate that nowadays, in maximum cases, women are using it as a weapon just to grab money, which should be stopped.”
“...I think that it is high time that the state of U.P, and even the Union of India, should become sensitive to this grave issue,” the judge added.
The court observed that if it was found that the complaint lodged by a victim was false, then criminal proceedings under the relevant provisions of the Criminal Procedure Code (CrPC) shall be initiated against the complainant after inquiry. It was also directed that any financial compensation given by the state to the complainant should be recovered.
The court, in its order dated August 10, further urged authorities to address this issue and ensure that genuine victims of sexual offences get justice.
The applicant, Ajay Yadav, had sought anticipatory bail in connection with a case crime that included allegations of offences under Sections 376 (rape), 313, 504, 506 IPC, and Section 3/4 of the POCSO Act. The alleged incident took place in Azamgarh district in 2011.
Appearing on behalf of the applicant, his counsel argued that he had been falsely implicated and that the incident never took place as alleged in the impugned FIR. He further highlighted certain inconsistencies in the victim’s statements and pointed out that the victim’s statement under section 164 CrPC indicated a level of “consent” to the physical relationship.
