Kochi:
The Kerala Excessive Courtroom has held that in felony instances, together with sexual crimes, there isn’t a presumption that every part the complainant girl says is “gospel reality” as these days there’s a tendency to implicate harmless individuals in such issues.
The observations by Justice P V Kunhikrishnan got here whereas granting anticipatory bail to a person accused of sexually harassing a former girl worker.
The excessive court docket mentioned that within the immediate case, the police didn’t examine the accused’s preliminary criticism that the lady had verbally abused and made threats towards him after he fired her for not working correctly.
The court docket mentioned that investigation of a felony case means probing the case of the complainant and the accused.
“There can’t be any unilateral investigation of the case put up by the complainant alone. Merely as a result of the de facto complainant is a woman, there isn’t a presumption that, in all instances, her variations are gospel reality, and the police can proceed primarily based on her assertion with out contemplating the case of the accused.
“These days, there’s a tendency to implicate harmless individuals in felony instances with critical allegations of sexual assault,” it mentioned in its order dated February 24.
The court docket additional mentioned that if the police discover that the allegations of such girls towards males are false, “they will very nicely take motion towards the complainants additionally” because the regulation permits it.
The court docket additionally mentioned that the damages induced to a citizen due to false implication can’t be compensated by fee of cash alone.
“His integrity, place within the society, repute, and many others, might be ruined by a single false criticism. The police authorities ought to be alert and vigilant, to seek out the reality in felony instances throughout the investigation stage itself.
“Therefore, it’s the obligation of the police to separate the chaff from the grain, earlier than submitting ultimate stories in felony instances,” it mentioned.
Within the immediate case, the lady had alleged that the accused, who was the supervisor of an organization the place she labored, grabbed her arms with sexual intent.
Then again, the accused had complained to the police concerning the girl’s verbal abuse and threats and likewise gave a pen drive containing an audio recording of what she had mentioned, in response to the court docket order.
The court docket mentioned it was a match case the place the investigating officer (IO) should have probed the accused’s criticism additionally.
It directed the accused to supply the pen drive earlier than the IO and ordered the officer to research the identical.
“…if the de facto complainant (girl) is discovered to have submitted a false case towards the petitioner (accused), applicable motion, in accordance with regulation, ought to be taken,” the court docket mentioned.
It directed the accused to look earlier than the IO for interrogation and mentioned that if he was arrested, then he shall be launched on bail on executing a bond for a sum of Rs 50,000 with two solvent sureties every for the like sum.
The opposite bail situations included showing earlier than the IO as and when required, cooperating with the probe and to not affect or intimidate witnesses within the case.
(Aside from the headline, this story has not been edited by NDTV workers and is revealed from a syndicated feed.)
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