Police shouldn't blindly believe complaints by men against women: Kerala High Court

The Kerala High Court recently granted bail to a woman accused by her estranged husband of sexually assaulting their 1.5-year-old child [XXX v State of Kerala].While allowing the bail plea, the Court said that complaints by men should not be assumed true without thorough investigation, just as unilateral complaints by women should not be blindly accepted.The Court highlighted the alarming trend of matrimonial disputes which often escalate into criminal cases and affected innocent lives.Justice PV Kunhikrishnan emphasised the need for fair investigation and proper scrutiny of complaints made by both men and women. "There cannot be any unilateral investigation based on the complaint of a lady, treating it as gospel truth. The same principle is applicable vice versa too. The complaint of men against women need not be treated as gospel truth," the Court said..The woman in the present case was accused of sexually assaulting her own 1.5-year-old child.The allegations were made by her estranged husband, primarily based on a third-party hearsay statement, which the husband claimed to have received from another woman.A bail plea was filed by the woman after she apprehended arrest.She claimed that the accusations were false and motivated by an ongoing custody battle between the parents.The Court noted that the petitioner, a breastfeeding mother, was accused under Sections 7, 8, 9(m), 9(n) and 10 of the Protection of Children from Sexual Offences Act (POCSO Act) alleging her of committing aggravated sexual assault on the infant..The Court, however, expressed its concern over the misuse of legal provisions in matrimonial disputes."The way matrimonial disputes are going in our society is shameful to all of us," the single-judge said.It also took note of the investigating officer’s report, which acknowledged that further inquiry was necessary before proceeding with the case and observed that registering an FIR based purely on hearsay evidence without concrete proof was highly concerning."It is surprising to see that an FIR like this is registered based on hearsay," the Court added..The Court noted that the investigating officer in this case had doubts about the veracity of the allegations and there was lack of direct evidence against the accused.The judge emphasised that complaints arising from matrimonial disputes should be scrutinised carefully to prevent their misuse.It also considered the petitioner's contention that the husband had forcefully taken custody of the child, and the police had not taken any action regarding her complaint.This, the Court observed, raised concerns about the timing and intent behind the complaint filed by the husband. .Therefore, the Court allowed the bail application and ordered that the petitioner be released on bail on self-bond of ₹50,000 in the event of her arrest.Further, it directed that if the investigating officer found the allegations to be false, appropriate legal action should be taken against the complainant-husband..The petitioner was represented by advocates CA Chacko, CM Charisma, Babu VP and Shahbas Aman CM. Senior public prosecutor Noushad KA appeared for the State..[Read Order]