HC quashes FIR against man, son booked under POSCO Act

The Madras High Court has quashed an FIR filed against a man and his son who were booked under the Protection of Children from Sexual Offences Act 2012 on a complaint by his daughter against them.
The girl, studying in class IX, had alleged that her father sexually abused her before she attained puberty and her brother had taken a photograph while she was taking bath.
Quashing the FIR, Justice R Mahadevan said, "In the present case it is seen that there is no pornographic picture available, so as to implicate the father and brother of the complainant to the alleged crime."

"Further a plain reading of the FIR would show that the entire proceedings are maliciously instituted with ulterior motive to wreak vengeance against them."
Besides the findings rendered by the Schizophrenia Research Foundation, Chennai for psychological evaluation (Psychotic Treatment) and on conducting various tests, would show that the girl "does not have capacity to think about the outcome of her behaviour and that she copied the complaint letter verbatim as written by one Ms. Sharmi from the Child helpline", the judge said in his order recently.
It is also seen that she wanted to stay in a hostel and wrote a complaint against her father and brother and she did not think about the consequences of her action.

"In view of the above stated circumstances, the impugned FIR pending on the file of the SI of Reddiyar Palayam Police (Puducherry) is quashed," the judge said.

The father was arrested and lodged in prison on April 16, last year.
When the bail petition filed by the father came up the same year, the court doubted the veracity of the contents of the complaint and asked the girl to read a few lines in the complaint which she was unable to do.
It was also found by the court that she was intellectually below average and did not have the capacity to think about the consequences of her acts and behaviour.

The petitioners had sought quashing of the FIR on various grounds including that she was unable to discriminate between "right and wrong acts".
Without any regard to the consequences of her act, she on the advice of a resource person, who made her join the hostel, had copied the complaint, they alleged.
The judge concurred with the submissions of the counsel for the petitioners who referred to a Supreme Court judgement which said that to prosecute a person for an offence under POCSO Act, the child must be used for pornographic purpose.
The judge said, "In the present case, there is no pornographic picture available so as to implicate the petitioners to the crime. In view of the supreme court decision the impugned FIR pending on the file of the above police is quashed.