Not everything woman says a ‘gospel truth’: Kerala HC flags 'tendency to implicate innocent people in criminal cases'

The Kerala High Court granted anticipatory bail to a man accused of sexual harassment, observing that there is no presumption that everything a woman says in her complainant is "gospel truth" as nowadays there is a tendency to implicate innocent men in criminal cases, including sexual assault.

The high court said that in the instant case, police did not investigate the accused's initial complaint that the woman had verbally abused and made threats against him after he fired her for not working properly. 

The court noted that the investigation of a criminal case means probing the case of the complainant and the accused.

"There cannot be any unilateral investigation of the case put up by the complainant alone. Merely because the de facto complainant is a lady, there is no presumption that, in all cases, her versions are gospel truth, and police can proceed based on her statement without considering the case of the accused,” Justice PV Kunhikrishnan said in its order dated February 24.

"Nowadays, there is a tendency to implicate innocent people in criminal cases with serious allegations of sexual assault," he also said.

In the instant case, the woman had alleged that the accused man, who was the manager of a company where she worked, grabbed her arms with sexual intent.

On the other hand, the accused had complained to the police about the woman's verbal abuse and threats and also gave a pen drive containing an audio recording of what she had said, according to the court order.

If the police find that the allegations of such women against men are false, "they can very well take action against the complainants also" as the law permits it, the high court further said.

It also stated that the damages caused to a citizen because of false implication cannot be compensated by payment of money alone.

"His integrity, position in the society, reputation, etc, can be ruined by a single false complaint. The police authorities should be alert and vigilant, to find the truth in criminal cases during the investigation stage itself.”

"Hence, it is the duty of the police to separate the chaff from the grain, before submitting final reports in criminal cases," it said.