Home Legal Allahabad HC Acquits Two Brothers in POCSO Case, Flags Misuse of Child...

Allahabad HC Acquits Two Brothers in POCSO Case, Flags Misuse of Child Protection Laws in Matrimonial Disputes

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The Allahabad High Court has acquitted Dr. Yatindra Mohan Bahuguna and his brother, Samoj Bahuguna, residents of Haldwani, overturning their convictions in a case registered under the Protection of Children from Sexual Offences (POCSO) Act and other penal provisions.

A division bench comprising Justice Siddharth Varma and Justice J.K. Upadhyay allowed the appeal and ordered the immediate release of the appellants, holding that they had been falsely implicated amid a bitter matrimonial and property dispute.

The court expressed serious concern over what it described as a growing tendency to use children as tools in marital conflicts, observing that allegations of child sexual abuse had been maliciously fabricated in the present case. It noted that no reliable evidence was produced to support the prosecution’s claims.

According to the judgment, the FIR was lodged by the estranged wife, herself a medical professional, nearly two months after the alleged incident and only after her husband had initiated divorce proceedings. The bench observed that the timing of the complaint raised significant doubts about the prosecution’s version of events.

The High Court further pointed out that medical evidence did not support the allegations. The medical examiner testified that there were no signs of injury or assault on the child’s body, findings that were inconsistent with the prosecution’s claims of severe abuse.

Expressing concern over the testimony of the child witness, the court observed that the mother had coached the child to make false statements. It also took note of family photographs and testimonies of domestic staff, which indicated that the father and daughter shared a warm and affectionate relationship and had spent time together happily.

The bench warned that the misuse of children in matrimonial disputes, particularly through false allegations of sexual abuse aimed at gaining an advantage in custody battles or settling personal scores, was an extremely dangerous trend with far-reaching consequences.

Concluding that the prosecution had failed to establish the charges beyond reasonable doubt, the High Court set aside the convictions and ordered the release of the two brothers.

The POCSO Special Court in Varanasi had convicted Dr. Yatindra Mohan Bahuguna and Samoj Bahuguna in February 2025 and sentenced them to life imprisonment. The High Court’s ruling has now overturned that verdict.

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