Two Weeks After Husband Asked for Custody, Wife Filed a POCSO Case Against Him. Here's How We Proved It Was False.
What Was the Case
A 42-year-old businessman from Gurgaon who was going through a bitter divorce. He and his wife had separated 18 months ago, and their 8-year-old daughter was living with the mother. The father had been granted weekend visitation by the family court.
What Was the Case
During the custody proceedings, the father filed for full custody of his daughter, arguing that the mother's new partner was creating an unstable environment for the child. Two weeks after this custody application was filed, the mother went to the police and filed an FIR under the POCSO Act (Protection of Children from Sexual Offences Act, 2012), alleging that the father had “inappropriately touched” the child during a weekend visit.
The police arrested our client at his office in front of his employees. He was kept in custody for 48 hours before being produced before the court. POCSO is one of the toughest laws in India. Getting bail is very difficult, and even if someone is innocent, the accusation alone can ruin their life.
His brother contacted us from the police station. The father was in tears, saying this is a false case filed by my ex-wife with one purpose, to make sure I never see my daughter again.
What Made This Case Extremely Difficult
- POCSO cases are taken very seriously by courts — getting bail is extremely difficult.
- A POCSO accusation destroys a person's reputation forever. Society never looks at him the same way — even if the court proves him innocent.
- The child's statement is given extreme importance in Indian courts
- Any attempt to question the child's statement can be seen as victim-blaming
- The timing was suspicious — the complaint came just 2 weeks after the custody application. But timing alone doesn't win a case. We needed real evidence.
- Our client had already been arrested and his name was in police records
How SPJ Advocates Handled It
Day 1-6 — Bail Application
- Filed an urgent bail application before the Special POCSO Court
- The FIR was filed exactly 14 days after the father asked for custody — the timing was clearly suspicious
- No medical evidence of any abuse was presented
- The child was taken for a medical check-up, and the doctors found no signs of any physical harm
- The father had a completely clean record — no complaints had ever been filed against him before
- Bail was granted on strict conditions: no contact with the child except through court-supervised visitation, surrender passport, and weekly reporting to police
Week 1-4 — Investigation Phase
- During the investigation, we found a serious mistake. The child's statement was recorded with the mother sitting right next to her. POCSO rules don't allow this. The statement should have been taken by a trained female officer, in a safe place, without either parent around.
- We applied for a fresh statement to be recorded by a court-appointed child psychologist in a neutral setting without either parent present
Month 2-4 — Court Proceedings
- The child psychologist recorded the child's statement over 3 sessions, asking questions in a way that a child could easily understand.
- The psychologist's report found three important things:
- The child showed no signs of fear or pain that abuse victims normally show
- The child's original statement used words and sentences that a child her age would never use on her own — clearly someone had told her what to say
- When the psychologist asked her simple, open questions, the child spoke lovingly about her father and even asked "when can I see Papa again?"
Month 5-7 — Court Proceedings
- Presented the child psychologist's report to the court as key evidence
- Presented the custody case timeline proving that the FIR was filed just 2 weeks after the father asked for custody, which was clearly not a coincidence
- Presented Showed the medical report which confirmed there was no physical sign of any abuse on the child's body
Month 8-12 — Court Proceedings
- Called the father's neighbours and house help as witnesses — all of them confirmed the child was always happy during visits and there was never any unusual behavior
The Result
The Special POCSO Court acquitted the father of all charges. The court's order noted that the complaint was clearly appeared to be "motivated by the custody dispute". The child psychologist's report confirmed there was no sign of abuse. The court also noted that the child's original statement was recorded the wrong way, and the words used by the child were clearly coached by an adult.
The father's custody case is now being heard in family court. The court has taken note of two important things: the father was found innocent in the POCSO case, and the mother misused the law. Until the final decision, the father has been allowed to meet his child on weekends under supervision.
Falsely accused under POCSO during a custody dispute? Call SPJ Advocates for expert, sensitive criminal defence. +91-8920245815
