Last Updated: November 24, 2023, 08:49 IST
This false data was given to extort property from the accused, courtroom stated.(Representational picture: Shutterstock)
The courtroom stated the lady filed a false grievance accusing some individuals of an offence in opposition to her daughter that was booked underneath Section 5 (aggravated penetrative sexual assault) of the POCSO Act
A courtroom right here has directed a girl to pay Rs 1 lakh in wonderful whereas deprecating her for submitting a false grievance alleging sexual assault in opposition to her five-year-old daughter. Additional Sessions Judge Susheel Bala Dagar issued the order whereas listening to a case in opposition to the lady’s mom, who was accused of constructing false deposition.
The decide stated it was clear that she made a false grievance in a match of anger and to avoid wasting herself from each day quarrels. The courtroom stated the lady filed a false grievance accusing some individuals of an offence in opposition to her daughter that was booked underneath Section 5 (aggravated penetrative sexual assault) of the POCSO Act. This false data was given to “extort property” from the accused, it stated.
“She has been found to have misused the provisions of the POCSO Act by filing this false case on a false complaint in order to settle the property dispute, thereby leading to humiliation and defamation of the accused persons. She also tried to misuse the criminal justice system,” the courtroom stated in an order dated November 17. It stated folks, equivalent to the lady, had been “frequently” registering fictitious instances underneath the POCSO Act due to land disputes, marriage disputes, private grudges, political motives, or for private acquire to humiliate the accused by holding them in jail for an prolonged size of time.
This was a “blatant abuse of the law,” and such acts demeaned the aim of the laws, the courtroom stated.
It stated, “Courts have to take a vigilant stance against this growing menace and have to try to weed out the possibility of false allegations without threatening justice due to the victim or the alleged perpetrator.”
“It has been observed that the misuse of even the most stringent legislation to meet one’s personal motives, mostly negative, has been an evident problem in our legal system. POCSO Act too has turned out to be no exception,” the courtroom added.
It stated that part 22 (punishment for false grievance or false data) of the POCSO Act ensured that the laws was not misused.
“In the present case, the complainant has been found to have misused the POCSO Act instead of having recourse of alternative remedy available with her to settle her alleged property dispute,” the courtroom stated.
It stated the lady misguided and misused the authority of legislation and the executing company of legislation.
“Hence a fine of Rs one lakh is imposed on the complainant for the offence under section 22 of the POCSO Act committed by her within one month and in case of default in payment of fine, she shall undergo simple imprisonment of three months,” the courtroom stated.
(This story has not been edited by News18 employees and is revealed from a syndicated information company feed – PTI)
