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Supreme Court Stays Arrest in POCSO Case Tied to Custody Battle

It sought an updated affidavit on the minor’s testimony in family court to decide if the charges reflect genuine abuse or a matrimonial vendetta.

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Overview

  • The Supreme Court granted interim protection from arrest to a man charged under Sections 7–10 of the POCSO Act.
  • The court directed filing of a fresh affidavit on the status of the minor’s statement before the Thiruvananthapuram family court.
  • The FIR, lodged in April for alleged incidents from 2021, has drawn scrutiny due to the four-year delay and allegations of a revenge motive.
  • The complainant’s mother, also named a co-accused, secured anticipatory bail after the Kerala High Court denied the petitioner similar relief.
  • A special leave petition will return to the apex court to determine if the POCSO prosecution is genuine or a tactic in a matrimonial dispute.