New Delhi: The Delhi High Court has closed criminal proceedings against a mother under the provisions of the Protection of Children from Sexual Offences (POCSO) Act on account of her alleged failure to report incidents of sexual assault against her 16-year-old daughter by her husband, observing the mother herself was subject to severe abuse, sexual and otherwise, in her matrimonial home.
This is a classic case where a victim herself has become accused: High Court
“This is a classic case, where a victim herself has become the accused, by applying a legal provision, wholly insulated from the background facts and circumstances of the case. A mother is sought to be prosecuted for delay in reporting of sexual offence on a child by her own husband, despite the fact that the mother herself was allegedly subject to severe abuse, sexual and otherwise, in her matrimonial home,” Justice Anish Dayal said while setting aside the charges framed against mother of the victim under section 21 (punishment for failure to report or record a case) of the POCSO Act.
She herself was a victim of severe abuse, mother’s counsel told High Court
Counsel representing the petitioner mother contended before the High Court that that the whole issue arose in the background of marital discord between the petitioner and her husband, who is an accused in the case registered for alleged sexual abuse of her daughter, and intense victimization of the petitioner and the daughter by the husband.
The counsel further submitted that the petitioner mother herself was a victim of severe abuse and the mother and daughter were consistently threatened by the husband and due to severe threats to their life and safety, they did not have the courage to come to the police earlier. It was petitioner mother herself who had taken her daughter to report the matter to the police, both having suffered extremely depraved conduct at the hands of the accused that there was no failure to report on part of the petitioner, but at best only delay and section 21 of POCSO Act cannot apply to a situation like this, where the mother and the daughter are both victims of severe abuse by the husband, the counsel added.
High Court directed trial court to proceed ahead against main accused i.e, husband in accordance with law
The High Court, after hearing submissions, found the case apt, appropriate, and necessary to account for not only the psyche of the victim, a mere child, under the threat of the father, but also of the mother, herself under the subjugation of the husband/accused.
“Letting the charge under section 21 POCSO against petitioner, in the facts and circumstances of this case, would cause grave prejudice to not just the petitioner who herself is a victim, but also to the prosecutrix who is solely dependent upon her mother/petitioner for support,” the High Court said while setting aside the charges framed against the petitioner mother under section 21 of POCSO Act and directing the trial court to proceed ahead against the main accused i.e. the husband, in accordance with law.
