According to the prosecution, the woman registered a complaint on February 17 this year, claiming that she saw blood coming out of the anus of infant.
A Delhi court has acquitted a man accused of getting his nine-month-old child sodomised by transgenders. The court observed that the man was falsely implicated by his wife.
Also, deciding to not initiate a criminal case of perjury against the woman, Additional Sessions Judge Ashwini Kumar Sarpal cautioned her.
According to the prosecution, the woman registered a complaint on February 17 this year, claiming that she saw blood coming out of the anus of infant. Following this, she took the child to the hospital, where doctors reportedly told her that he might have been sodomised.
According to the complaint, the woman said the accused had taken the child to the transgenders in Khichripur two-three months ago, where he was kept for a week. Following this, an FIR was registered under Section 377 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences Act (POCSO).
Since the child was an infant, his mother's statement was recorded before the Magistrate. Later, however, she turned hostile and deposed that she had falsely implicated her husband as they had been quarrelling.
"She admitted that she saw blood coming out of the child's anus and took him to the hospital, where doctor suspected sodomy but she also said that she falsely implicated her husband as he was fighting with her and not living with her," the court stated.
It also held that the complainant did not witness the incident herself. "The complainant has totally exonerated the accused and accepted that whatever she told to anyone about the incident was told at the instance of the police as well as due to her own anger," the judge said.
The judge further said: "During cross examination, she denied seeing or meeting the accused for 6-7 months before the day she saw the victim bleeding. Thus, another allegation made in the FIR, that she saw the accused taking the victim with him to the transgenders, was found to be false."
The court held that the complaint amounted to perjury but considering that the accused was now taking care of his wife and children and did not want any action against her, she was let off with warning.
"The accused does not want any action against his wife. Also, the complainant also less than 18 years of age when she was examined in the court. She has to look after her minor child. So, in the interest of justice, I do not propose to take any criminal action against her," the court stated.
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