Delhi High Court Fines Mother, Says Shield Under POCSO Act Can't Be Converted Into Sword For Vindictive Prosecutions

The Delhi High Court has pulled up a mother for choosing her minor daughter “as a weapon” to settle personal scores with her estranged husband by lodging a case against him under the POCSO Act.

“The shield of child protection laws cannot be converted into a sword for vindictive prosecutions,” Justice Arun Monga said in a ruling passed on September 02.

An FIR was lodged by the mother in 2020 alleging that her minor daughter was sexually abused by the father and cousins of the victim. Notably, the woman had fallen out with her husband and there was cantankerous matrimonial acrimony ongoing between them.

Before the High Court, the mother had challenged a trial court order dismissing her application to summon the family members and relatives of the estranged husband- the victim's grandmother and paternal aunts, as accused in the POCSO case. A cost of Rs. 20,000 was also imposed upon her.

Observing that endeavour of the victim's mother was nothing short of a gross misuse of the judicial process, the Court said:

“What is projected as a quest for justice is, in fact, an exercise in arm-twisting, conceived not to advance the cause of the child but, ill conceived to settle personal scores because of deep-seated hatred against her husband. The attempt to array aged grandparents and paternal aunts, who appear to be entirely gullible and had no role in the alleged incidents, reflects a clear design to entangle innocent family members of the petitioner's estranged husband in protracted criminal litigation.”

While upholding the costs imposed upon the mother by the trial court, the Court additionally imposed Rs. 10,000 costs on her while dismissing her petition.

The Court ordered that the costs be paid to Delhi Legal Services Authority (DLSA) for making the State to undergo needless and vexatious litigation, which was “driven out of vengeance” on the part of the mother in “sheer abuse of process of law.”

The judge said that summoning additional accused is a serious step that impacts his liberty and thus, Courts must guard against over extension of criminal liability based on unacceptable, uncorroborated and inconsistent testimony of a minor child, especially when influenced by an interested parent.

“The matter becomes even more disturbing because the mother has chosen to use her own minor daughter as a weapon in this personal battle, thereby exploiting the child's trauma for collateral purposes. Such conduct not only undermines the integrity and fairness of the proceedings but also trivialises the gravity of offences under the POCSO Act by reducing them to instruments of vengeance,” the Court said.

It concluded that the summon additional accused on the basis of inconsistent and unacceptable testimony would be a serious abuse of process, which would compromise the rights of innocent persons and needlessly prolong the trial already underway.

Title: MS AM v. GOVERNMENT OF STATE OF GNCT OF DELHI

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