Prosecution seeks action against minor over false POCSO case

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Published on Dec 18, 2019 12:39 AM IST
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By, Mumbai

The prosecution on Tuesday sought criminal action for perjury and cheating against a minor girl and her family members for falsely testifying before the court and filing false cases of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. The family had registered a case against her lover and later the minor had filed a case of sexual assault against her brother.

The girl, in her deposition before the POCSO court, had given contradictory statements and later admitted that both the cases were false. The first case was lodged against her lover, with whom she eloped, and the second against her brother. The minor admitted that the cases were filed due to anger and enmity. She admitted that the case against her lover was lodged under family pressure and that she later filed a complaint against her brother because he was against her relationship.

Public prosecutor Geeta Sharma moved the application saying, “As per the deposition, the alleged victim and her family have cheated the state of Maharashtra and misused POCSO Act, government machinery, court, medical officers, FSL (forensic science laboratory), police machinery etc. She also misused government fund by filing false FIR and that, prima facie, is a serious offence.”

The application also stated, “If these people will not be punished, court’s time, public fund, government machinery will be misused and actual Nirbhaya will not get justice on time.”

As per the case registered with Wadala TT police in July 2017, the girl, who was a minor at the time of incident, had allegedly eloped with her boyfriend. Her parents had first registered a case of kidnapping. But when the couple was caught after a few days, the lover was booked for sexual assault and kidnapping under POCSO Act. The girl then alleged that she was abused by her brother and registered a complaint against him.

When the case came up for trial, the victim was called by the prosecution to testify before the court on December 27, 2018. During her deposition, the girl gave many contradictory statements.

However, when cross-examined by her lover’s lawyer, she admitted that she went with him on her own wish. She further admitted that as her brother was against her relationship, she filed a case against him.


    Charul Shah is senior reporter covering the legal beat for Hindustan Times. She has spent over a decade in the industry covering criminal investigations and judiciary from Mumbai, Ahmedabad and Bengaluru.

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