Has the minor withdrawn her statement in POCSO case against WFI chief?

There have been conflicting reports about the POCSO (Protection of Children from Sexual Offences) case filed against Wrestling Federation of India (WFI) president and BJP MP Brij Bhushan Sharan Singh recently. The minor, who accused the politician of sexual harassment and stalking, has reportedly recorded a fresh statement before the magistrate in the case. As the reportage varies on the POCSO case against the WFI chief, let’s look at what has been going on. Minor records ‘fresh’ statement A Hindustan Times (HT) report, dated 7 June, says that the minor’s father has changed his earlier statement. The father also claimed that they had “levelled some false allegations” against Singh in “anger”. “We have no grudge against Brij Bhushan Sharan Singh. We recorded fresh statements on 5 June and we changed a few of our earlier statements. I am the father of a girl and I don’t want to get involved in this fight. I had not withdrawn the complaint but recorded fresh statements. In anger, we had levelled some false allegations. My daughter had faced some issues, but all those mentioned in the FIR were not true,” the minor victim’s father told HT over the phone. The victim has recorded a new statement before the magistrate under Section 164 of the Code of Criminal Procedure. The court will decide if the charges “can be pursued and a trial will decide which statement under 164 will be given precedence”, according to Indian Express. Some reports had claimed that the minor victim had withdrawn the allegations. However, these were rebuffed by her father later as well as wrestler Bajrang Punia. Calling such reports “completely fake”, the victim’s father told The Print: “I have not withdrawn the complaint. I have taken the decision to fight it out and I will.” [caption id=“attachment_12707872” align=“alignnone” width=“640”] Bajrang Punia has rebuffed the reports claiming that the minor victim has withdrawn her allegations. PTI File Photo[/caption] “On the one side, there are these ‘sources’ and on the other, you have the girl’s father saying he has not withdrawn the complaint. It is now for the country to decide whom they should trust, the girl’s father, who has rubbished such allegations, or the so-called sources,” Punia was quoted as saying by The New Indian Express. A recent report by NDTV claims that the victim has said in the new statement that she was not underage at the time of the incident. According to the report, her father said that while the age part has been modified, the sexual harassment complaint remains the same. However, the victim’s father told News18 Haryana that his daughter is a minor. “We changed our statement without any greed, pressure, or fear. It is absolutely correct that my daughter is a minor. We have not withdrawn the case, just changed the statement," he was quoted as saying by News18 on 7 June. In the FIR registered with the Delhi Police, the minor’s father had previously said that she was “completely disturbed and cannot be at peace anymore …sexual harassment by the accused (Singh) continues to haunt her”. The complaint alleged that Singh, “holding her tightly, pretending to get a picture clicked,” had “squeezed her towards himself, pressed hard on her shoulder and then deliberately…brushed his hands against her breasts”, reported Indian Express. As per the FIR, the WFI chief had also allegedly told the minor wrestler, “You support me, I will support you. Stay in touch with me.” ALSO READ: How the wrestlers’ protest puts the spotlight on rampant sexual abuse in sports in India What if minor victim gives opposing statements? Even if there are contradictory statements, the police will have to investigate and a court will decide if the POCSO case will be dismissed. “Complaints in serious (cognizable) crimes cannot be withdrawn. The case can only be quashed by a court of law. So even if the minor’s guardian supposedly withdraws the charges, the police will have to investigate. More so under POCSO,” Yashaswini Basu, a Bengaluru-based lawyer, was quoted as saying by The Quint.

Section 10 of the POCSO Act carries a sentence of up to seven years in jail.

“All (Section) 164 statements carry evidentiary value because they are made to a magistrate and signed by the maker of the statement. But such statements still have to be examined before a criminal trial court for their veracity to be established,” Advocate Vrinda Grover told The News Minute. [caption id=“attachment_12707922” align=“alignnone” width=“640”] Graphic: Pranay Bhardwaj[/caption] Even if a POCSO victim “retracts” their statement, the court will consider the veracity of the opposing statements based on evidence. Speaking to India Today, senior lawyer Satish Tamta said: “The case doesn’t get closed simply because the victim turns hostile or retracts. It has to be decided on merits. When the police file a chargesheet, they would have to come up with the finding on whether the statement of the victim is believable (and) if there is evidence that the statement was false". Notably, many times survivors of sexual abuse, especially minors, alter their statements due to immense pressure from the accused, or family, or for fear of reprisal. What about the wrestlers’ protest? The second FIR alleging sexual harassment against the BJP MP was filed by six adult women wrestlers. After meeting Union home minister Amit Shah and Union sports minister Anurag Thakur this week, the grapplers have decided to put off their protest temporarily. The Central government had asked the protesting wrestlers to suspend their protests till the police complete their investigation. “We have been asked to suspend our protest till police complete its investigation by 15 June”, grappler Sakshi Malik said on 7 June, according to HT. Wrestler Punia said that protests will continue after 15 June if no action is taken by then. With inputs from agencies Read all the  Latest News,  Trending News,  Cricket News,  Bollywood News, India News and  Entertainment News here. Follow us on  Facebook,  Twitter and  Instagram.