Delhi HC refuses to quash case on father accused of sexually assaulting son

The accused father had appealed to the court that his estranged wife and the child's mother had filed this case against him because of a matrimonial grudge. However, the court noted that the child had mentioned specific incidents in detail including date and time of the alleged assault which was why the court won't quash the case.
istockphoto-1child abuse

Representative Image.

Photo : iStock
KEY HIGHLIGHTS
  • The minor child described specific instances of sexual assault, the manner, time, locations, dates etc.
  • A child psychologist confirmed these instances in her final report last year.
New Delhi: The Delhi High Court declined to overturn an initial report (FIR) filed against a man accused of assaulting his minor son, reasoning that the boy had a fundamental right to justice if he had been a victim of sexual abuse.
A Delhi court is currently hearing the matter. A quashing plea submitted by the father in a FIR filed against him for aggravated sexual assault (Section 10) and sexual harassment (Section 12) under the Protection of Children from Sexual Offenses (POCSO) Act was being heard by a single judge bench of Justice Swarana Kanta Sharma.
The father said that the accusations were untrue and made up because he and his wife were having marital problems, The Indian Express reported.
After being detained, the court in question granted bail to the petitioner. Following the filing of a charge sheet, the father petitioned the high court to "quash the FIR and all ensuing procedures flowing therefrom," according to the judgement. The case is still proceeding at the South West Dwarka Courts' additional sessions judge.
The minor child described specific instances of sexual assault, the way it was conducted, and the times, locations, and dates of such abuses in his statement to a magistrate, according to Justice Sharma.
The court further stated that such situations cannot be viewed as instances of matrimonial strife, noting that the victimised kid has a fundamental right to pursue justice in the event of sexual assault.
The boy's mother claimed that over the course of three years, the boy's father repeatedly subjected him to the abovementioned inappropriate touching. Due to disagreements between the mother and father, the mother moved her son in with her brother in July 2021.
When the mother sought help from a child psychologist, the specialist revealed to her that her boy had been abused by his father. On December 6, 2021, the doctor turned in her final report, which lacked detail. Later, though, the report received specific information on sexual abuse.
End of Article