Karnataka High Court Cancels POCSO Case Filed by Sister Over Property Dispute
The Karnataka High Court recently canceled a POCSO complaint made by a woman against her own brothers. The court found that the case was likely filed due to a family property dispute and did not have strong evidence.
The woman had said that after their mother died, there was a major disagreement between her and her brothers about family property. On May 18, 2024, around 3:00 p.m., she claimed her brothers followed her and her sibling while they were walking near their house, pushed her down, and tried to rape her.
She added that when she tried to run away, her brothers harassed her. This led to a police complaint being filed under the POCSO Act and Indian Penal Code (IPC) sections.
However, the accused (her brothers) argued that they had several legal disputes going on with their sister, both civil and criminal, and this case was just another attempt to take revenge.
They told the court that the case was only filed to pressure them or get back at them. They said it was not a genuine case of sexual assault.
The woman, on the other hand, said the investigation was still in progress and asked the court not to interfere.
The bench, led by Justice M Nagaprasanna, carefully reviewed her statement. The court noted that she only said her hair was pulled and her clothes were torn. There was no mention of inappropriate touching or serious sexual assault.
The judge said that sometimes, people file criminal cases to settle personal fights or out of revenge. In such cases, courts must act to prevent misuse of the law.
As a result, the court canceled the criminal proceedings against the brothers. The charges dropped include Sections 8 and 12 of the POCSO Act (related to sexual assault and harassment), and Sections 354, 506, and 34 of the IPC (related to assault on a woman, criminal threats, and shared intention).
Case Reference:
CRIMINAL PETITION No.6965 OF 2024
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