In a significant ruling, the Kerala High Court has stated that in criminal complaints, including those involving sexual offenses, there should be no automatic assumption that all statements made by a female complainant are inherently true. The court emphasized the need for a balanced investigation that considers both the complainant’s and the accused’s sides of the story. Justice P.V. Kunhikrishnan delivered these remarks while granting anticipatory bail to a man accused of sexually harassing a former female employee.
The ruling underscores that the police must investigate allegations without bias, noting the potential for false accusations that can severely damage an individual’s reputation and social standing. “Merely because the de facto complainant is a lady, there is no presumption that, in all cases, her versions are gospel truth,” Justice Kunhikrishnan noted. The court highlighted an increasing tendency to implicate people falsely, especially in cases with serious allegations like sexual assault.
In this particular case, the court pointed out that the police initially failed to investigate a complaint from the accused, who claimed that the woman had verbally abused and threatened him after he terminated her employment due to poor performance. The accused also presented a pen drive containing audio recordings of the alleged threats, which the police were directed to examine.
The High Court’s order also states that if an investigation reveals that the accusations were falsely made, the police have the authority to take action against the complainant as permitted by law. This statement by the court is an assertion of the legal principle that justice must be served equally to all parties involved.
Justice Kunhikrishnan further mentioned the irreversible damage that can be done to a person’s integrity and position in society from a false complaint. He urged the police to be vigilant and thorough in separating false claims from truthful ones during their investigations. The court has directed the accused to cooperate fully with the ongoing investigation, appear before the investigating officer as required, and not to intimidate or influence any witnesses.
