Breaking News Delhi High Court refuses to quash criminal case against...

Delhi High Court refuses to quash criminal case against man accused of touching own son, daughter inappropriately


New Delhi, Oct 16 (ILNS) The Delhi High Court has refused to quash the criminal case against a man accused of kissing, touching his own daughter inappropriately and also of performing wrong acts with his own son.

Justice Manoj Kumar Ohri on October 12 refused to stay the proceedings against the petitioner, stating that the FIR was initially registered under Sections 498A, 323, 354D, 506, 509 and 34 of IPC and it was only when all three victims were examined and their statements were recorded under Sections 161 and 164 CrPC that Section 10 of the POCSO Act and Section 377 IPC came to be added.

Denying the submissions of the counsel appearing for the accused, the Court said the submission that the children were tutored between the time while they were in the exclusive custody of complainant, mother from the time of her leaving the house on August 19, 2021, and recording of their statements, cannot be appreciated at this stage and would need to be tested in the trial.  

The petition came up before the court on the basis of an FIR filed by a woman against her father-in-law (petitioner no 1), mother-in-law (petitioner no 2) and her husband (petitioner no 3). The FIR No 218/2018, was registered under Sections 498A/323/354D/506/509/34 IPC at Police Station New Friends Colony, Delhi. The trio has challenged the same before the High Court and also sought a stay of the proceedings. 

As per the statement of kids recorded under Section 164 CrPC, the minor daughter stated that her father used to touch her inappropriately. He used to put his hand on her waist and also inside her pants. Even on her refusal, he used to do it. When her mother tried to stop him, he used to claim that they were his children as well. It was further stated that despite her refusal, he installed a camera in the changing/dressing room, the footage of which not only came on the TV screen but also in the mobile phones of petitioners no 1 to 3 (grandfather, grandmother and father).

The minor son stated that his father used to do wrong acts with him. He further stated that petitioner no 3 (father) used to kiss on his cheeks with such a force that the cheeks would turn black. When he used to come out after taking a bath, his father would touch his body parts like penis and bums. It was also alleged that when he was younger and used to sleep in between his parents, his father used to put his (the child’s) leg in his underwear. 

On the basis of these statements, Section 377 IPC and Section 10 of the POCSO Act were added to the FIR 218/2018. 

Petitioner No. 3 (Sunny Sharma) got married to respondent No. 2 (Vipra Sharma) in 2007 and two children – one daughter, namely ‘AA’, and one son, namely ‘AD’, were born out of the marriage. Petitioner No 1 (Dharamveer Sharma) & petitioner No. 2 (Nishi Sharma) are the parents of petitioner No 3 (Sunny Sharma) and grandparents of the victim children.

On August 18, 2018, respondent no 2 filed a complaint with the SHO, Police Station New Friends Colony, Delhi, alleging harassment and torture. It was stated in the complaint that she has been facing physical, mental, financial and emotional abuse for the past 11 years. It was further alleged that she was beaten by her husband for not obeying the instructions of her father-in-law. It was also alleged that her husband forced her to do unnatural sex and on refusal, she was beaten by him. It was further alleged that petitioner No. 1 (Dharamveer Sharma), the father-in-law, had made advances at her and offered Rs 20,000 to become his friend and not to treat him as her father-in-law. It was further stated that he used to send her late-night messages, mentioning ‘Love you soulmate’. When she informed her husband, she was physically beaten. She suspected her husband’s character and when she complained to her in-laws, they ignored her. 

It was further stated that the husband used to touch the private part of his son ‘AD’ (aged 6 years) and that she never liked the way he hugged and kissed the daughter ‘AA’ (aged 10 years). It was also stated that the father asked the son to give him lip-to-lip kiss./ILNS/KR/SNG/


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