Kochi: The Kerala High Court has held that in criminal cases, including sexual harassment allegations, there is no automatic presumption that a woman’s complaint is "gospel truth," cautioning against the rising trend of implicating innocent individuals in false cases.

Justice P V Kunhikrishnan made these observations while granting anticipatory bail to a man accused of sexually harassing a former woman employee. The court underscored the importance of investigating both the complainant's and accused’s versions, rather than solely relying on one-sided claims.

The court stressed that police investigations should be comprehensive and not confined to the complainant’s allegations alone. It criticised the authorities for failing to probe the accused’s counter-complaint, where he alleged that the woman had verbally abused and threatened him after being fired for poor work performance.

"Merely because the de facto complainant is a lady, there is no presumption that, in all cases, her versions are gospel truth, and the police can proceed based on her statement without considering the case of the accused," the court stated.

It further observed that false allegations can irreparably damage a person’s integrity, reputation, and societal standing, which cannot be compensated merely by financial means. The court urged law enforcement agencies to remain vigilant and ensure that the truth is established during investigations, preventing wrongful prosecutions.

Call for action against false allegations

The court clarified that if allegations made by women against men are found to be fabricated, the police have the authority to take legal action against the complainants. This directive aims to deter the misuse of legal provisions meant to protect genuine victims of crimes.

In the present case, the woman alleged that the accused, who was her manager, grabbed her arms with sexual intent. However, the accused had earlier submitted a complaint to the police about the woman’s verbal abuse and threats, along with an audio recording stored in a pen drive as evidence.

Justice Kunhikrishnan ruled that the investigating officer (IO) must examine the pen drive and determine its relevance in the case. He further directed that if the woman’s allegations were found to be false, "appropriate action, in accordance with law, should be taken against her."

Granting anticipatory bail, the court instructed the accused to appear before the IO for interrogation and cooperate with the investigation. It also imposed the following conditions:

  • The accused must not intimidate or influence witnesses.
  • He must execute a bond of ₹50,000 with two solvent sureties.
  • He must appear before the police whenever required.

This verdict sets a significant legal precedent, reinforcing that gender-neutral fairness must be maintained in criminal proceedings. While the judiciary continues to uphold the rights of victims of sexual harassment, it also acknowledges the growing concerns over false accusations that can ruin lives and careers.

(With PTI inputs)