One of the sexual harassment allegation case against the former Wrestling Federation of India chief, Brij Bhushan Sharan Singh, appears to have weakened after the father of a minor wrestler, whose sexual assault complaint was lodged under POCSO, backtracked.
The minor's father accepted that they deliberately filed a 'false' police complaint of sexual harassment against WFI chief, Singh.
His admission changes the dynamics of the cases against the BJP MP.
As per The Indian Express, the minor's father has re-recorded his statement at Delhi's Patiala House Court. The father changed his statement under section 164 of CrPC (Code of Criminal Procedure) before a magistrate and as per the law, the changed statement holds evidentiary value in court.
This is being regarded as an escape hole for the 66-year-old, Singh, as the POCSO charges may get dropped now.
However, CNN News-18, which spoke to Supreme Court lawyer Ashwini Dubey on the issue, reported that there is no provision to withdraw a case under POCSO as these are non-compoundable offences, which means a compromise in such cases is not possible and criminal culpability continues.
Dubey said that while the FIR cannot be quashed, it is up to the court to analyse statements and then the accused may be discharged if grounds and evidence are found frivolous.
But another lawyer, Ashish Dixit told CNN News 18 that a witness retracting or changing her statement might go against her and the credibility of such person becomes intriguing.
He also said that police may choose to drop the provisions of POCSO from the chargesheet and if they discover substantive evidence, they would be within their rights to file a chargesheet containing POCSO offence.
Singh had been earlier booked under section 10 of the POCSO act for aggravated sexual assault on the minor wrestler.