The Supreme Court on Wednesday refused to quash a criminal case filed against a former judicial officer accused of sexually abusing his own daughter, observing that the allegations were “serious” and “shocking.”
A Bench comprising Justices Prashant Kumar Mishra and Manmohan dismissed the special leave petition filed by the former judge challenging a Bombay High Court order that had declined to quash the charges.
“This is a shocking case. He is a judicial officer and these are serious allegations of incest! This is shocking. And the daughter has made the allegations. She must have been scarred for life. How can this be a case for quashing?” the Court remarked during the hearing.
The case stems from a First Information Report (FIR) registered in January 2019 at Bhandara, Maharashtra. The alleged offences occurred between May 2014 and 2018, and the police have filed a chargesheet. However, charges are yet to be formally framed by the Special POCSO Court.
The former judge has been booked under multiple provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, including Sections 354 IPC (assault or use of criminal force to outrage modesty), and Sections 7, 8, 9(l), 9(n), and 10 of the POCSO Act.
Appearing for the petitioner, his counsel argued that the allegations surfaced years after the alleged incidents and coincided with a bitter matrimonial dispute and custody battle with his wife. The plea alleged the FIR was a retaliatory move, adding that the daughter’s statement was recorded only after the petitioner’s father committed suicide in December 2018. The suicide note reportedly blamed the complainant and her family.
“This man’s entire life has been ruined starting with his matrimonial problems. This is clearly a counterblast. His father committed suicide,” the counsel submitted.
However, the Supreme Court refused to delve into the petitioner’s background and remained focused on the nature of the allegations. “We don’t want to get into all this. Suicide may be because of the son’s actions,” the Court said, brushing aside arguments of alleged malice or manipulation.
Dismissing the petition, the Court also directed that the trial be expedited.
Case: Sandeep vs State of Maharashtra – Available on LAWFYI.IO
