Kerala Police Complaints Authority orders criminal action against 3 officers for framing 82-year-old in rape case

The Kerala State Police Complaints Authority recently directed registration of a criminal case against three police officers for allegedly filing a false rape case against a elderly man, who is 82 years old at present [MN Janardhanan Nambiar v Dr B Sandhya IPS & ors]

Authority member PK Aravintha Babu passed the order on a complaint moved by MN Janardhanan Nambiar, who alleged that he was falsely implicated in a rape case in 2011, following a financial dispute with a woman named Reetha.

He was acquitted by a trial court in 2023. Following his acquittal, he sought action against various police officers.

"The Inspector General of Police, Thrissur Range is directed to take steps for registration of criminal case at the earliest against R3, R4 and R6 for offences punishable u/s 219 [public servants in judicial proceeding corruptly making reports etc] and 220 [punishes public officers  who knowingly acts contrary to law by committing a person to trial or confinement] IPC. Compliance of this direction shall be reported to this Authority within a month," the authority ordered on January 8. 

The authority noted that as per the trial court record, the complainant Reetha, who had accused Nambiar of rape, had made no allegation of penile penetration, so as to attract the offence of rape.

It observed the trial court had rightly noted the delay in filing of the complaint after six years of the alleged incidents, despite the complainant having multiple opportunities to raise such allegations.

"There is a clear finding that the petitioner was falsely prosecuted in that rape case," the authority said after reading the trial court verdict.

Commenting on the role of the investigating officers, the authority said that without conducting a fair and impartial probe, they had misled the trial court by filing the final probe report.

Their actions amounted to grave misconduct and warrants criminal action, it opined.

"In fact, they did not conduct a fair investigation to know whether ingredients to attract the offence of rape is mentioned in the statement of Reetha. They were expected to confirm it before filing the final report against the petitioner. In fact, this was not done by R4 and R6. As a result, the petitioner was falsely prosecuted and was finally acquitted by the court. This was so happened due to the fault of R4, R6 and victim. As stated earlier, as done by R3, a proper investigation was not done by R4 and R6 also. They also corruptly or maliciously filed a final report knowing that it was contrary to law and thereby maliciously committed the petitioner for trial knowing that it was contrary to law," the authority added.

However, the authority found no prima facie case against other officials arrayed as respondents in the complaint. It allowed Nambiar's petition only with regard to three officers.

The officers are Circle Inspector KG Suresh, who is currently ACP of Guruvayur; Circle Inspector K Sudharsan, who is currently District Police Chief for Ernakulam Rural; and former Assistant Commissioner of Police Sivadasan, who has since retired.

Advocate Sarath Babu Kottakkal appeared for the petitioner.

[Read Order]