The estranged wife of a South Mumbai businessman has accused him of molesting their five-year-old daughter on a Saturday when the court allowed him access to their child. While the couple is mired in a matrimonial dispute, the woman has slapped charges under the Protection of Children from Sexual Offences Act (POCSOA) against her husband and his younger brother.
In a relief to the brothers, however, a sessions court last week granted them anticipatory bail, while observing that the child’s mother had not made any complaint under the POCSOA until March, even when the alleged incident had occurred in June 2013. The sessions court observed, “No plausible explanation has been given on her (wife) part why she had not lodged a complaint earlier when the alleged incident occurred. She kept silent even when she filed a complaint under section 498 A , which was lodged on August 28, 2013.”
According to the FIR lodged by the wife on March 24, on a Saturday in June 2013, the child’s father and his brother came to her house in Borivali to pick the child up as the court had allowed him to visit his daughter on weekends. The father allegedly picked up the child at noon and brought her back at midnight. A month later, the child experienced discomfort and, according to the FIR, told her mother that her father had inserted a banana in her private part and warned her not to tell anyone about it.
The husband also moved the Bombay High Court seeking quashing of the complaint under the POCSOA. In his petition filed through lawyer Samir Vaidya, the husband contended that the case was “false, frivolous and vexatious.”
He claimed that it was “a deliberate attempt on part of a disgruntled wife in harassing her husband and her in laws “for achieving sadistic pleasure” as she had not been able to succeed in any of her complaints filed with various fora. The couple got separated in April 2012 and the child has been living with her mother since. According to the father, at the time of the alleged incident, he had no access to the child and he had filed a contempt petition in the family court.