LI Network
Published on: December 25, 2023 at 12:50 IST
In a recent decision, the High Court of Jammu and Kashmir and Ladakh clarified that a minor (below 18 years) cannot face perjury charges for making a false rape or sexual assault claim under the Protection of Children from Sexual Offences Act (POCSO Act).
Justice Rajnesh Oswal underscored Section 22(2) of the POCSO Act, which prohibits punishing a child for providing false information about a rape or sexual assault case.
The provision explicitly states that no punishment shall be imposed on a child for making a false complaint or providing false information.
The case in question involved a 17-year-old girl who alleged sexual assault in 2020. Charges were filed against the accused under Sections 376 (rape), 341 (wrongful restraint) of the Indian Penal Code, and Section 4 (penetrative sexual assault) of the POCSO Act.
During the trial, the case weakened as the complainant and her parents, deemed hostile witnesses, did not support the prosecution. The complainant, in her statement, admitted the accused slapped her but denied any sexual assault. She revealed that the police complaint was altered by someone outside the police station, advising her to make additions for a greater chance of the accused’s arrest.
The accused was acquitted in 2021, and the trial court declined to initiate perjury charges against the complainant and her parents for providing false information.
The government of Jammu and Kashmir contested this decision before the High Court, which, referencing Section 22(2) of the POCSO Act, dismissed the appeal.
The Court emphasized that a minor, protected by the special act, cannot be prosecuted for perjury in the case of false information.
The High Court also noted the lack of evidence proving deliberate and conscious false statements by the witnesses during the trial. Consequently, the appeal was dismissed, upholding the protection granted to minors under the POCSO Act.