HC quashes rape case filed by girl against dad, brother
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Chennai:
TIMES NEWS NETWORK
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Says `Victim' Lied To Cops, Mentally Ill
A sexual abuse case
initiated by a Class IX girl against her father and brother has been
quashed by the Madras high court which found that she had lied to
police, copied a complaint available with a child helpline and also
suffered from schizophrenic disorders.
It turned out that the girl
lodged the complaint because her father was strict and often reprimanded
her for poor academic performance. She wanted to leave her home and
stay in a hostel.
The Reddiarpalayam police in Puducherry , however, had registered a case under Protec tion of Children from Sexual Offences (POCSO) Act, 2012, and arrested the father in April 2016.
Justice R Mahadevan, quashing the FIR, said: “ A plain reading of the FIR would show that the entire proceeding is maliciously instituted with ulterior motive to wreak vengeance against them. Furthermore, the findings rendered by the Schizophrenia Research Foundation, Chennai for psychological evaluation (psychotic treatment) would show that the girl did not have capacity to think about the outcome of her behaviour and that she copied the complaint verbatim from a Child Helpline volunteer Sharmi. 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 consequence of her action.
In view of the above stated circumstances the impugned FIR pending on the file of the Reddiyarpalayam police is quashed.“ In her complaint, the girl al leged that her father had sexually abused her before she attained puberty and that her brother had taken photographs while she was taking a bath. Police booked the case for offences punishable Section 6 of POCSO Act, and arrested her father. It was the high court which found something amiss, as the complaint was too neat, without any mistake and any overwriting. It asked the police to produce the girl before it on June 14, 2016, when it found that she was not even able to read the complaint properly .
Then the court referred the girl for conducting psychiatric tests and found out that she actually wanted to stay in a hostel away from home and that she copied the complaint written by a helpline volunteer, whom the girl met at an awareness programme in her school. The court found she was intellectually below average and did not have the capacity to think about the consequences of her acts and behaviour.
The father's counsel told the court that she had to change three schools due to poor academic performance and that she found her present school too strict. The girl was unable to differentiate between right and wrong acts, he said.Quashing the FIR, the judge said there was no pornographic picture available so as to implicate the father and brother.
The Reddiarpalayam police in Puducherry , however, had registered a case under Protec tion of Children from Sexual Offences (POCSO) Act, 2012, and arrested the father in April 2016.
Justice R Mahadevan, quashing the FIR, said: “ A plain reading of the FIR would show that the entire proceeding is maliciously instituted with ulterior motive to wreak vengeance against them. Furthermore, the findings rendered by the Schizophrenia Research Foundation, Chennai for psychological evaluation (psychotic treatment) would show that the girl did not have capacity to think about the outcome of her behaviour and that she copied the complaint verbatim from a Child Helpline volunteer Sharmi. 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 consequence of her action.
In view of the above stated circumstances the impugned FIR pending on the file of the Reddiyarpalayam police is quashed.“ In her complaint, the girl al leged that her father had sexually abused her before she attained puberty and that her brother had taken photographs while she was taking a bath. Police booked the case for offences punishable Section 6 of POCSO Act, and arrested her father. It was the high court which found something amiss, as the complaint was too neat, without any mistake and any overwriting. It asked the police to produce the girl before it on June 14, 2016, when it found that she was not even able to read the complaint properly .
Then the court referred the girl for conducting psychiatric tests and found out that she actually wanted to stay in a hostel away from home and that she copied the complaint written by a helpline volunteer, whom the girl met at an awareness programme in her school. The court found she was intellectually below average and did not have the capacity to think about the consequences of her acts and behaviour.
The father's counsel told the court that she had to change three schools due to poor academic performance and that she found her present school too strict. The girl was unable to differentiate between right and wrong acts, he said.Quashing the FIR, the judge said there was no pornographic picture available so as to implicate the father and brother.
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