False allegations in youngster molestation case may be deadly, even when acquitted later: Kerala HC

KOCHI: The Kerala High Court has noticed that despite the fact that youngster molestation is a disgrace for society as a complete, false allegations of the identical may be deadly to the accused, who can also be a mum or dad of the sufferer, even when he’s later acquitted.

A Division Bench comprising Justice Okay Vinod Chandran and Justice C Jayachandran made the commentary whereas acquitting Okay Raghavan of Wayanadu accused of the offence below the POCSO Act.

“Forensic and semantics apart, child molestation is a shame on society; but if the allegations are false, it is lethal to the life of the accused, more so if the accused is a parent; even if he is eventually acquitted,” said within the order. Here a toddler raises such accusation in opposition to her father with the lively help of the stepmother; sheer instigation by the latter pleads the accused.

The petitioner argued that the medical proof is sketchy and there may be completely no proof of a penetrative sexual assault.

The prosecution has not proved the guilt of the accused past all affordable doubt. The cost is imprecise and doesn’t specify the date on which the alleged act of rape was dedicated regardless of the criticism having been raised throughout the month itself. The testimony of the stepmother is stuffed with holes and as a complete lacks credibility. “We are, in the totality of the circumstances, constrained to give the accused the benefit of doubt and acquit him of the charges,” held the court docket.