Supreme Court Upholds POCSO Proceedings Against Former Judge Accused of Daughter’s Abuse

The Supreme Court rejected the plea to dismiss criminal proceedings against a former judicial officer accused of sexually abusing his daughter, highlighting the seriousness of the allegations and the necessity for a full trial. The Bench, comprising Justices Prashant Kumar Mishra and Manmohan, reviewed a special leave petition that challenged the Bombay High Court’s April 15 decision, which denied the accused’s request to quash the FIR or discharge him from the case. The charges were filed under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.

The defense argued that the allegations were part of a long-standing matrimonial conflict and were being used vindictively. They also pointed out that the accusations came years after the purported incidents, and that the complainant—his wife—was aware of the abuse since 2014 but delayed initiating legal action until 2019.

Despite these claims, the Supreme Court expressed grave concern over the nature of the accusations, labeling them as deeply disturbing. The Court noted that the daughter’s allegations likely caused significant trauma and stated that it was not appropriate to examine the background or motives behind the case at this stage. Consequently, the Court upheld the High Court’s decision and ordered the trial to proceed without delay.

The FIR, registered on January 21, 2019, in Bhandara, Maharashtra, pertains to incidents alleged to have occurred between 2014 and 2018. Although the charge sheet has been filed, formal charges have not yet been framed by the Special POCSO Court.

The accused faces charges under Section 354 of the IPC, which deals with assault intended to outrage modesty, as well as several provisions of the POCSO Act related to sexual assault and aggravated sexual assault by someone in a position of trust.

The petitioner contended that the complaint was filed shortly after his father’s suicide in December 2018, who left a note blaming the complainant’s family. He also argued that the daughter’s statement was taken only after the father’s death and was influenced. Additionally, the petitioner challenged the High Court’s reliance on the statutory presumption under POCSO, claiming it was inappropriate at this preliminary stage.

With the Supreme Court declining to interfere, the matter will now move forward for trial under the POCSO Act.