No presumption that a lady’s version is true
The High Court of Kerala (HCK), in Noushad K v State of Kerala and Another [2025:KER:16338], says merely because the complainant is a lady, there is no presumption that her version is the gospel truth.
Nowadays, there has been a tendency to make serious allegations of sexual assault against innocent people.
Investigate versions of both parties
The HCK says investigation in a criminal case involves the investigation of the case of the complainant and that of the accused, but not of the complainant alone.
The police cannot proceed based on her statement alone without considering the statement of the accused.
The court says there cannot be any unilateral investigation of the case put up by the complainant alone, merely because the de facto complainant is a lady.
Accused’s complaint has not been investigated into
In the above case, the accused had complained to the police about the woman’s verbal abuse and threats, and gave a pen drive containing an audio recording of what she had said, as per the court order.
But the police sprung into action without investigated into it.
Take action if lady’s complaint is false
The HCK added that if during investigation, it is found that the lady complainant has made false allegation of sexual assault against a man, the police can take action against the lady.
Police must be fearless in taking action
The HCK assured the officers that they need not fear of any backfiring for taking such actions, as the law will take care of the officers if they are coming up with correct findings.
Damage cannot be compensated with money
The damage caused to a citizen because of false implication cannot be compensated by payment of money alone.
His integrity, position in society, reputation etc. can be runed by a single false complaint. Therefore, the police should think twice before filing charge sheets in such cases.
False sexual harassment cases on the rise
The court has been burdened with several cases which involve serious questions of law and fact.
Therefore, the police officers have the duty to separate the chaff from the grain, before submitting final reports in criminal cases, the High Court of Kerala says.
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