The Kerala High Court on Friday granted bail to a woman arrested under the Protection of Children from Sexual Offences (POCSO) Act for allegedly sexually assaulting her minor son. Observing that the gravity of offences alleged against the woman was serious in nature and quite unheard of, the court directed the state police chief to constitute a special team, headed by an Indian Police Service (IPS) officer, preferably a lady, to proceed with the investigation and complete it soon.
The High Court gave the order on a plea filed by the accused seeking bail.
The court said if the child was brainwashed or tutored by anyone to make such allegations, they too have to be booked in accordance with the law.
It said the victim can be removed from his father's custody to a home under the Child Welfare Committee (CWC) till the probe is completed, if the investigators find it necessary.
"Doubtless, the sanctity of motherhood was totally ignored in this case. A mother carries her child for nine lunar months in her womb, so the relationship of a mother and child are connected even before his/her birth," the court said.
The unconditional love, affection and warmth of a mother towards her child cannot be compared or equated with any love in the world, it said.
No mother worthy of name would resort to such an act, the court said in its order granting the bail.
The woman from Kadakkavoor in Thiruvananthapuram district was arrested on December 28 on charges of sexually assaulting her minor son till he was shifted to Sharjah with his father in December 2019.
The complaint was filed by her estranged husband who lives with another woman in Sharjah.
During their stay, the child allegedly disclosed to his father and to the woman that he was sexually abused by his mother and it continued from the age of 10 till the date he was removed by his father to Sharjah.
They returned to Kerala in September 2020.
They lodged the complaint with the police on November 10, 2020.
The case was registered on November 13 based on a report filed by CWC officials who conducted counselling of the child.
The High Court said that though it is considering only the bail plea of the mother, a consideration of the whole aspects of the matter involved is required as unbelievable allegations are levelled against the petitioner by her son who is aged 13.
"No doubt, the allegation raised against the petitioner is shocking to the collective conscience of society as well as to judicial conscience," the court said while giving directions to the investigating agency to probe into the case and find out the reason for the delay in lodging complaint against the petitioner, and whether the victim was given any kind of counselling after his return to Kerala and before lodging the police complaint.
The court directed the investigating agency to probe whether 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 medical test on the child, including emotional quotient (EQ) and intelligence quotient (IQ), by setting up a medical board in consultation with the Superintendent of the Medical College, Thiruvananthapuram.
The board shall consist of doctors, including a paediatrician, a psychologist having experience in child psychology, a psychiatrist and a neurologist.
One member shall be a woman doctor, the court said.