Kerala High Court Allows Police to Act Against Women Filing False Sexual Assault Cases
The Kerala High Court recently granted bail to a man accused of sexual harassment. While doing so, the Court made an important observation about false sexual assault allegations. Justice P. V. Kunhikrishnan pointed out that there is a growing trend where serious accusations of sexual assault are made against innocent men. He clarified that being a woman complainant does not automatically make her statement true.
The Court emphasized that a criminal investigation must look into both the complainant’s and accused’s sides of the story. If, during the investigation, the police find that the complainant has made a false accusation, they can take action against her. The Court reassured the police that they should not fear any backlash for taking such action if their findings are correct, as the law will protect them.
Justice Kunhikrishnan said that the police should be careful when filing charge sheets in these cases. He explained that the court cannot conduct the investigation; it can only decide the case based on the charge sheet submitted by the police. Therefore, it is essential for the police to fully investigate both parties involved in the case.
The case in question involved a man, the manager of a company, accused by an employee of sexual harassment. The complainant alleged that the manager grabbed her arms with sexual intent. He sought anticipatory bail, claiming that he had dismissed the complainant for poor performance and that she had verbally abused him and other staff members. The manager filed a police complaint for threats made by the complainant.
The Court took into account that the police had received the manager’s complaint before the woman’s. The Court also listened to an audio recording where the complainant allegedly threatened the manager. However, the police had not investigated the manager’s complaint. The Court instructed the police to review both the audio and the complaints, and if it was found that the woman had filed a false case, appropriate action should be taken against her.
In the end, the Court granted bail to the accused with certain conditions.
Case Title: Noushad K. v. State of Kerala and Another
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
