Notion that Indian woman won't file false sexual assault case incorrect: Kerala High Court

The Kerala High Court recently observed that the assumption that Indian women would not raise false allegations of sexual assault as it may affect her image in society, is incorrect [Ajith v. State of Kerala & Anr.]..Justice A Badharudeen said that over the last few years, there has been a rise in cases of women filing false complaints just to settle scores with men. Therefore, this assumption that women are unlikely to file false cases must not be applied to every case without analysing the allegations on a case-by-case basis. "In cases where sexual assault has been alleged, the said concept has been carried for the past so many years, on the premise that, in Indian society, any girl would not make any allegation of sexual assault or any other mode of misconduct against a person, as the same would prejudice the right of the girl or woman, as the case may be. However, in recent years, this concept seems to be diluted and in less percentage of the complaints in this line, wherein allegation of rape, sexual molestation and other misconduct projected are without any iota of truth, so as to settle a score and also to compel the persons against whom allegations are made to heed the illegal demands of the complainants. Therefore, this concept could not be followed blindly without analyzing the truth of the allegations in case to case basis (sic)," the Court observed. .The Court made the observation while considering a petition moved by a man seeking to quash the proceedings in a case registered against him under Section 376 of the Indian Penal Code which penalises rape. The allegation was that he had raped a woman with whom he was in a relationship by falsely promising her that he would marry her. The complainant woman who was allegedly subjected to the rape told the Court that she has no objection to quashing the proceedings. However, the Public Prosecutor opposed the plea to quash the case, arguing that the first information report registered on the basis of the statement of the woman suggests that rape had been committed. .The High Court noted that although the incident allegedly occurred in 2014, the crime was registered only in 2019. In 2016, the woman filed a complaint before the police's Women Cell but did not prosecute it because the petitioner promised to marry her. This led the Court to express doubts as to whether the woman's complaint was genuine."When there is a complaint as to commission of rape on the promise of marriage, again withdrawing from prosecution awaiting marriage, that too for a period of three years, without having any contact in between the parties is not digestible to prudence," the Court said. The Court concluded that the relationship between the petitioner and the complainant-woman was purely consensual in nature. "Therefore, the overt acts alleged against the petitioner herein is to be held as one with consent and it could not be held that the consent is vitiated by misconception of facts and the lethargy on the part of the defacto complainant would fortify the same," the Court held.Therefore, the Court allowed the petition and quashed all proceedings against the petitioner in this matter. .The petitioner was represented by advocate UK Devidas.The complainant was represented by advocate KV Bhadra Kumari.Public Prosecutor Jibu TS appeared for the State. .[Read Order]