Police investigation reveals alleged misuse of the POCSO Act in Kerala; CWC to act after receiving reports
A 13-year-old schoolgirl alleged that she was sexually abused by her schoolmates. According to the investigation, she made the claims following emotional distress over a breakup with a classmate.
Synopsis: After a 13-year-old schoolgirl in Kerala alleged that she was sexually abused by her schoolmates, the investigation recorded inconsistencies in her statements. According to the investigation, she made the claims following emotional distress over a breakup with a classmate.
A day after a 13-year-old schoolgirl from the Pathanamthitta district in Kerala alleged that she was sexually abused by her schoolmates, the investigation took a complex turn on Sunday, 5 July, with the police finding inconsistencies in her statements. However, they stressed that the case remains under active investigation.
The allegation first came to light during a counselling session at the girl’s school, and the Child Welfare Committee (CWC) alerted the Koodal police. Based on the girl’s statement, the police registered two cases under the Protection of Children from Sexual Offences (POCSO) Act.
As the probe progressed, investigators said they found discrepancies between the girl’s statements made before the CWC and those later recorded by the police. Officials also said certain findings from the medical examination did not fully support parts of the allegations, prompting a more detailed inquiry into the circumstances surrounding the complaint.
The girl will undergo counselling as part of the investigation to help authorities better understand the sequence of events and the context in which the allegations were made.
Koodal Police Station Sub-Inspector (SI) Jaimon PJ told South First that the girl made the complaint during a counselling session at the school after her parents found a clinical syringe in her school bag.
“The girl’s parents found a clinical syringe in her school bag and alerted the school. Following a counselling session at the school, the matter was reported to the CWC. A woman SI then recorded the girl’s statement, based on which we registered an FIR. We subsequently summoned the accused, who are also minors, along with their parents and recorded their statements,” he said.
“However, when the girl was produced before the magistrate, she changed her statement. We will soon submit our findings and the recorded statements to the CWC. There was no procedural delay or lapse in the way the case was handled,” he said.
Police said the girl named six individuals in her complaint, including four minors. Statements have been recorded from all those identified, but no one has yet been arraigned as an accused, as the investigation is still in its preliminary stage.
The minors appeared before the police, accompanied by their parents, gave their statements and were allowed to leave.
Investigators further said that although another girl was mentioned during the course of the complaint, they have so far found no evidence connecting her to the alleged incident.
According to the investigation, she made the claims following emotional distress over a breakup with a classmate. Police said she fabricated the story out of anger after the relationship ended. During a school counselling session, she alleged that she had been sexually abused by her classmates, including the boy.
CWC awaiting reports
Speaking to South First, Manojkumar KV, Chairman of the Child Welfare Committee, said the committee is awaiting reports from both the police and the district Child Protection Officer before taking any action.
“We are waiting for the police report and the report from the Pathanamthitta Child Protection Officer. We have asked both to submit them at the earliest. Only after analysing these reports will we decide the next course of action. There will be a follow-up to determine whether the allegations are genuine or fabricated, because all the children involved require counselling, including the girl as well as those named in the complaint, since everyone is a minor,” he said.
“In our recent observations, we have found that children often tend to experiment with different experiences during adolescence, and many of their actions stem from that developmental phase. We also plan to strengthen awareness programmes in schools in association with PTAs,” he said.
Dr Sany Varghese, President of the Indian Association of Clinical Psychologists, Kerala Region, told South First that POCSO cases require careful handling as both genuine complaints and false allegations can have long-lasting consequences.
“POCSO cases have become a double-edged sword today. It is one of the laws that is increasingly being misused. At the same time, that does not mean genuine cases do not exist. The danger of fabricated complaints is that they make authorities more suspicious even in genuine cases. Parents, grandparents, relatives and even psychologists are sometimes drawn into such allegations,” she said.
“In this case, all those involved are teenagers who are passing through a developmental and experimental phase. It is natural for adolescents to explore romantic relationships. If both individuals are willing, such relationships often remain private. But when one person withdraws from the relationship, the other may struggle to accept rejection, and the situation can sometimes escalate into legal complaints.”
“Romantic relationships are part of adolescent development. However, when they eventually lead to POCSO charges, both the complainant and the accused may suffer psychological trauma. Many realise the legal and social implications only years later, and that often leads to regret.”
Saying that the police are also in a difficult position, Dr Varghese added, “They cannot simply wait indefinitely for the complete truth to emerge in POCSO cases because the law prescribes strict timelines for investigation. As a result, they often have to register the case first and continue the investigation later.”
“Even if the allegations are subsequently found to be fabricated, those accused may still have to face serious social consequences. That is why every POCSO complaint requires careful, vigilant and sensitive handling,” she said.