2 weeks ago
Kerala man acquitted in POCSO case over daughter's assault allegations
A man in Kerala, India, was in trouble with the law because someone said he did a very bad thing to his daughter.
The police arrested him, and he had to stay in jail for a very long time, more than one and a half years.
A special court that hears cases about protecting children listened to the story.
The daughter said her father hurt her, but the father said the story was not true.
He said his daughter's boyfriend and his family made up the story to get him in trouble.
He believed this happened because he objected to his daughter's relationship with that boyfriend.
Many people were asked to talk to the court, and many papers were shown as evidence.
The judge said the evidence did not prove that the man did the bad thing.
So the judge said the man was not guilty and let him go free.
In the end, the court decided the man should not be punished.
A Special POCSO Court in Idukki, Kerala, acquitted Saji Kuttappan, a 43-year-old man charged with sexually assaulting his minor daughter.
The case was registered by Upputhara police in September 2024 after the daughter alleged her father had assaulted her from the age of 12.
Saji was arrested on September 17, 2024, and remained in jail for over 18 months before being granted bail.
The court found the prosecution failed to prove guilt, ruling the complainant's testimony could not withstand the rules of evidence and that the defence plea of false implication could not be brushed aside.
The complainant's boyfriend, who was acquitted in a separate POCSO case after she testified in his favour, now resides with her, according to Saji's lawyer.
- Who
- Saji Kuttappan, a 43-year-old man from Ayyappancoil, was acquitted by Special Court for Protection of Children from Sexual Offences Act judge Bilkul G R.
- What
- He was acquitted of charges that he sexually assaulted his minor daughter, after the court found the prosecution had failed to prove his guilt.
- Where
- Idukki district, Kerala, with the case lodged by Upputhara police at Ayyappancoil.
- When
- The case was registered in September 2024, Saji was arrested on September 17, 2024, and the acquittal was reported on August 16.
- Why
- The court found the complainant's testimony could not withstand the rule of appreciation of evidence and that the defence's claim of a motive for false implication could not be lightly brushed aside.
Prosecution / Complainant's Side
Defence / Accused's Side
Veracity of the Allegations
Prosecution / Complainant's Side
The complainant alleged her father sexually assaulted her from the age of 12, and the prosecution argued that the absence of medical or scientific evidence should not prevent the victim from getting justice.
Defence / Accused's Side
Saji denied the charges, claiming the case was falsely registered in retaliation for his objection to her relationship; the court found the defence plea of false implication could not be brushed aside and that the prosecution failed to prove guilt.
Role of the Complainant's Boyfriend
Prosecution / Complainant's Side
The incident came to light through the boyfriend's mother, an Anganwadi worker who passed the information to Childline, and the complainant said she had only revealed the abuse to him.
Defence / Accused's Side
The court severely assailed the boyfriend's conduct as an intentional act to implicate the accused and avoid interference in the relationship, noting he visited the complainant's house while Saji was in judicial custody.
Key facts
- Accused
- Saji Kuttappan, 43
- Court
- Special POCSO Court, Idukki (Judge Bilkul G R)
- Case registered
- September 2024 by Upputhara police
- Date of arrest
- September 17, 2024
- Time in custody
- Over 18 months before bail
- Witnesses examined
- 16 (including three defence witnesses)
- Documents presented
- 20
- Complainant's age
- Now a major; resides with her boyfriend
Quotes
Advocate Joby George
Advocate representing Saji in the POCSO case
“Crucial evidence was the statement given by Saji’s wife and son. Also, when we examined the boyfriend as a defence witness, several crucial pieces of evidence emerged.”
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