Kochi: The Kerala High Court on Tuesday said that the falsely accused in the sexual offence becomes the victim.
The court made the observation while quashing a POSCO case against a 27-year-old man from Kottayam.
Justice Alexander Thomas said that in a case of sexual offence where an accused is falsely implicated, the real victim is not the “alleged victim” but the accused.
The case in point is about a 27-year-old van driver who ferried children to school.
He was accused of hitting a 13-year-old girl’s hand with his shoulder with a sexual intent.
However, two boys in the van gave statements saying that they had not seen any misbehaviour by the accused.
The court held that the said act of the man cannot be termed as a sexual act as understood in the POSCO Act.