Woman accused of sexually abusing son granted bail

Kochi, Jan 22 (PTI): The Kerala High Court on Fridaygranted bail to a woman arrested under the POCSO Act forallegedly sexually abusing her minor son.

Observing that the gravity of offences alleged againstthe woman was serious in nature and quite unheard of, thecourt directed the state police chief to constitute a specialteam, headed by an IPS officer, preferably a lady, to proceedwith the investigation and complete it soon.

The High Court gave the order on a plea filed by theaccused seeking bail.

The court said if the child was brainwashed or tutored byanyone to make such allegations, they too have to be bookedand proceeded with in accordance with the law.

It said the victim can be removed from his father'scustody to a home under the Child Welfare Committee (CWC)till the probe is completed, if the investigators find itnecessary.

''Doubtless, the sanctity of motherhood was totally ignoredin this case. A mother carries her child for nine lunarmonths in her womb, so the relationship of a mother and childare connected even before his/her birth,'' the court said.

The unconditional love, affection and warmth of a mothertowards her child cannot be compared or equated with any lovein the world, it said.

No mother worthy of name would resort to such an act, thecourt said in its order granting the bail.

The woman from Kadakkavoor in Thiruvananthapuramdistrict was arrested on December 28 on charges of sexuallyabusing her minor son till he was shifted to Sharjah with hisfather in December 2019.

The complaint was filed by her estranged husband who liveswith another woman in Sharjah.

During their stay, the child allegedly disclosed to hisfather and to the woman that he was sexually abused by hismother and it continued from the age of 10 till the date hewas removed by his father to Sharjah.

They returned to Kerala in September 2020.

They lodged the complaint with the police onlyon November 10, 2020.

The case was registered on November 13 based on a reportfiled by CWC officials who conducted counselling of thechild.

The High Court said though it is considering only the bailplea of the mother, a consideration of the wholeaspects of the matter involved is required as unbelievableallegations are levelled against the petitioner by her sonwho is aged 13.

''No doubt, the allegation raised against the petitioner isshocking to the collective conscience of society as well asto judicial conscience'', the court said while givingdirections to the investigating agency to probe into the caseand find out the reason for the delay in lodging complaintagainst the petitioner, and whether the victim was given anykind of counselling after his return to Kerala and beforelodging the police complaint.

The court directed the investigating agency to probewhether any action was taken by the Deputy Superintendent,Attingal, in the complaint lodged by the petitioner (woman)against her estranged husband on October 8, 2019.

The court also directed the agency to conduct a medicaltest on the child, including emotional quotient (EQ) andintelligence quotient (IQ), by setting up a medical board inconsultation with the Superintendent of the Medical College,Thiruvananthapuram.

The board shall consist of doctors, includinga paediatrician, a psychologist having experience in childpsychology, a psychiatrist and a neurologist.

One member shall be a lady doctor, the court said.