Idukki: The fast-track special court at Kattappana acquitted a man from Anavilasam Kanniakkal in a Pocso case filed by his wife, finding him not guilty of the charges.
The verdict was delivered by judge Manju V. The case was registered based on a complaint filed by the accused's wife four years after their marriage, when they had a two-year-old son. The woman was 22 years old when she approached police with the complaint.
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In her statement, the woman alleged that she was only 17 years old when she left her parental house and began living with the accused. Though she admitted that the physical relationship was consensual, she claimed that since she was a minor at the time, it constituted rape under Protection of Children from Sexual Offences (Pocso) Act.
During the trial, the defence produced birth records showing that the woman had completed 18 years of age two days before she went with the accused.
Her birth had been registered with Uthamapalayam municipality, and the deputy tahsildar was examined as a defence witness. The birth register produced before the court confirmed that she was a major at the relevant time.
The defence pointed out that six months prior to filing the Pocso case, the accused was allegedly assaulted and stripped by the complainant, her mother, uncle and aunt, causing him a fracture. Upputhara police had registered a case in connection with that incident.
It is currently pending before judicial first class magistrate court, Kattappana.
It was argued that the Pocso case was filed after the accused refused to withdraw the assault case. The court observed that police had failed to conduct a careful and proper investigation before registering the Pocso case.
Following the acquittal, defence counsel Jobi George said steps would be taken to seek compensation of Rs 50 lakh from the complainant, her mother and the investigating officer, and to pursue the assault case to its logical conclusion.