5 months ago
2
The Kerala High Court has held that a idiosyncratic tin beryllium prosecuted nether the POCSO Act for making a mendacious ailment lone if the ailment pertained to offences mentioned nether prime Sections of the Act.
The tribunal was proceeding a plea to quash transgression proceedings against 2 persons charged nether Section 22 (punishment for mendacious ailment oregon mendacious information) of the Act for allegedly lodging a mendacious complaint. The duo had been charged with furnishing mendacious information, aft it emerged that the idiosyncratic who was arraigned arsenic the accused had committed nary specified offence.
The idiosyncratic had been charged with intersexual harassment of a child, nether Section 12 of the Act, which entails lesser punishment than for graver offences (which successful crook pull enactment nether Section 22 for making a mendacious complaint), the petitioner duo contended.
The tribunal held that continuation of prosecution against the petitioners would beryllium an maltreatment of the process of the tribunal and allowed their plea to quash the proceedings against them. The Kavaratti constabulary had registered a lawsuit against them nether Section 22 for making a mendacious complaint.
