Kerala HC warns against ‘blindly’ trusting complaints made by men against women: What’s the case?

The Kerala High Court recently granted bail to a woman accused by her estranged husband of sexually assaulting their 1.5-year-old child. While allowing the bail plea, Justice PV Kunhikrishnan emphasised that complaints by men should not be presumed true without thorough investigation, just as unilateral complaints by women should not be blindly accepted.

"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 stated.

The case involved allegations made by the husband, based primarily on hearsay evidence from a third party. The woman, a breastfeeding mother, was accused under various sections of the Protection of Children from Sexual Offences (POCSO) Act.

She claimed the accusations were false and motivated by an ongoing custody battle.

The Kerala High Court expressed concern over the misuse of legal provisions in matrimonial disputes, calling it “shameful to all of us.”

The single judge bench of Kerala High Court criticised the registration of an FIR based solely on hearsay evidence without concrete proof, noting that even the investigating officer had doubts about the veracity of the allegations. "It is surprising to see that an FIR like this is registered based on hearsay," Bar and Bench quoted the Kerala HC judge.

The petitioner argued that her husband had forcefully taken custody of the child and filed the complaint to harass her. The Court observed that this raised questions about the timing and intent behind the allegations.

Granting bail on a self-bond of ₹50,000, the Kerala High Court directed that if the allegations were found false, appropriate legal action should be taken against the complainant-husband.

According to ar and Bench, the petitioner was represented by advocates CA Chacko, CM Charisma, Babu VP and Shahbas Aman CM, and senior public prosecutor Noushad KA appeared for the State.