The court said the minor cannot be held guily of perjury on account of the POCSO Act.
A sessions court in Delhi has acquitted a young man of a rape charge and has ordered a woman and her mother to be booked for allegedly forcing the woman's minor girl to make a false rape charge.
Observing that the two women had misused the legal machinery, Additional Sessions Judge Rakesh Pandit on Monday ordered that the minor girl's mother and grandmother, who were prosecution witnesses in the case, be tried for misuse of legal provisions.
The court acquitted Akash Chauhan of the charges of rape, criminal intimidation and violation of the provisions of the Protection of Children from Sexual Offences (POCSO) Act.
Mr Chauhan, 22, was facing trial for allegedly raping his 12-year-old cousin in August 2015.
The minor, her mother and grandmother had turned hostile during the trial and deposed that Mr Chauhan did not rape the girl.
The two women told the court that on August 15, 2015, there was a quarrel between them and Mr Chauhan's mother after he beat up the girl for breaking his cell phone.
Mr Chauhan admitted he beat up the girl and said rape charge against him was false.
The court said the girl's grandmother went to police station and lodged the sexual assault complaint against Mr Chauhan.
"...in the given circumstances, it appears that both these witnesses (mother and grandmother) have misused the legal machinery...It appears PW2 (girl's mother) and PW3 (grandmother) had conspired and falsely implicated the accused (Akash Chauhan) by abetting the PW1 (girl) to level false charges against the accused," the court said.
"In these circumstances, let a complaint under Section 340 (procedure of offences relating to documents given in evidence) of Code of Criminal Procedure be made against PW2 and PW3."
The court said the minor cannot be held guily of perjury on account of the POCSO Act.