The Kerala High Court on Monday directed the police to take expeditious legal action against a woman for making a false rape complaint against a man after having consensual sex with him.
The allegation towards the Petitioner is that he committed rape on a lady when she approached him for getting a certificate for COVID-19 negative. She stated that both hands were tied at her back and the mouth was blocked with a dothi. Thereafter there was a forceful rape.
Brief Facts of the Case
The petitioner in is a Junior Health Inspector. FIR was registered against him under Sections 323, 506(i), 376, 376(2)(n), 376C(b) of IPC based on a complaint from a lady aged 44. The petitioner was arrested on 7.9.2020 and he was in custody for 77 days.
Subsequently, the defacto complainant took U-turn and filed an affidavit before this Court saying that it was consensual sexual intercourse.
The court allowed the bail.
Bail Applications
The Petitioner filed the two bail applications, and both were withdrawn due to the seriousness of the offence.
Affidavit
The petitioner produced an Affidavit of the victim before the Court attested by the Notary in which it was stated that,
“I gave a statement to the police because I was pressurized by my relatives and it was a consensual sexual intercourse”
Court Findings & Order
The Court in its findings stated that,
“I am surprised, after reading this affidavit. The registration of the above case was widely covered by the media in the State. Almost all the people in Kerala knows about this case. The allegation is that a Health Inspector committed rape on a lady when she approached him for getting certificate for Covid-19 negative. After reading the first information statement given by the victim, this Court also refused bail to the petitioner because the allegation in the statement was so serious. She even stated that her both hands were tied at her back and the mouth was blocked with a dothi. Thereafter there was a forceful rape. Now this victim is deposing before this Court in a notary attested affidavit that there is no such incident and it was a consensual sexual intercourse. It is stated in the affidavit that she gave such a statement to the police because of the pressure from her relatives.”
It is an admitted fact that the petitioner is in custody for the last 77 days. If the averments in the affidavit of the victim is accepted, the petitioner is in illegal custody for the last 77 days.
The Court after reading of the enquiry report revealed that it is a false case and the police decided to take legal action against the defacto complainant under Section 182 IPC.
Lastly, the Court stated that the,
“But in the light of the enquiry report no criminal offence will attract because the lady is aged 44 years and she says that she had sex with the petitioner and it was with her consent. But the damage caused to the poor health workers in the State who were working day and nightagainst the Covid 19 pandemic is irreparable.
Further, the Court closed the proceedings
Share this Document :Picture Source :
