Justice CS Dias observed that the case raised a serious question as to who will be held responsible for such false complaints, more so when the POCSO Act insulates minor complainants from any punishment for giving false information.
“What wrong have the petitioners (the accused brothers) done, and who is to compensate them for their wrongful confinement, mental agony, trauma and pain they have endured?” the Court remarked.
The Court acknowledged that the POCSO Act was a revolutionary legislation enacted to secure the safety, security, and protection of children.
“However, in recent times, there have been instances of misuse of the legislation, as evidenced in the cases on hand. Such misuse not only undermines the intention of the legislation but also poses a serious threat to the integrity of the justice delivery system,” the Court added.
The Court proceeded to leave it to the State to come up with measures to curb false POCSO cases.
“This Court has consistently cautioned against the potential misuse of the otherwise benevolent provisions of the POCSO Act … I leave it to the best wisdom of the State to determine and implement appropriate safeguards, checks, I leave it to the best wisdom of the State to determine and implement appropriate safeguards, checks, drawing upon the principles laid down in the landmark decision in Arnesh Kumar (supra),” the Court said.
Source: Barandbench
