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🏛️ Supreme Court Refuses to Quash Sexual Abuse Case Against Ex-Judge Accused by Daughter

The Supreme Court of India has refused to quash criminal proceedings against a former judicial officer who stands accused of sexual abuse by his own daughter, citing the grave nature of the allegations. The bench comprising Justice Prashant Kumar Mishra and Justice Manmohan observed that the charges involved serious allegations of incest, which warranted judicial scrutiny through a full trial.

⚖️ Observations of the Court

The Court reacted strongly to the attempt to quash the proceedings at the pre-trial stage:

“The daughter is making an allegation… It’s a shocking case. He is a judicial officer and these are serious allegations of incest! This is shocking. And the daughter has made the allegations. She must have been scarred for life. How can this be a case for quashing?”

The Bench dismissed the petitioner’s narrative that the complaint was a fallout of matrimonial discord, stating:

“We don’t want to get into all this. Suicide may be because of the son’s actions.”

📜 Legal Provisions Involved

The former judge has been booked under:

·        Indian Penal Code:

o   Section 354 – Assault or criminal force on woman with intent to outrage her modesty

·        POCSO Act:

o   Section 7 – Sexual assault

o   Section 8 – Punishment for sexual assault

o   Section 9(l) – Repeated sexual assault on a child

o   Section 9(n) – Assault by a relative

o   Section 10 – Aggravated sexual assault

📅 Timeline & Background

·        FIR registered: January 21, 2019, in Bhandara, Maharashtra

·        Alleged incidents: Between May 2014 and 2018

·        Chargesheet filed, but charges not yet framed by the Special POCSO Court

The petitioner alleged that the complaint was malicious and delayed, surfacing only after four years and coinciding with an ongoing custody battle and matrimonial litigation. He claimed the daughter’s statement was recorded under manipulation, following the suicide of his father in December 2018, who reportedly left a note blaming the complainant and her family.

🧑‍⚖️ SC’s Final Word

Despite the arguments of delay, motive, and lack of prior allegations in family court proceedings, the Court refused to interfere with the Bombay High Court’s refusal to quash the charges. It dismissed the Special Leave Petition with a direction to expedite the trial.

🔍 Legal Significance

This ruling reinforces the judiciary's commitment to ensuring that grave allegations of child sexual abuse, particularly within a family and involving power asymmetries (like a judge), are not dismissed summarily without a proper trial. The Supreme Court has placed the interest of the child victim above procedural technicalities or the accused’s social standing.

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