The Kerala High Court on Monday instructed the police to expedite legal action against a woman who falsely accused a man of rape after consensual sex. The woman had claimed that a junior health inspector raped her while she was quarantined for COVID-19. However, last November, she filed an affidavit stating their sexual encounter was consensual, leading to the High Court granting him bail after he had spent 77 days in custody. The court had then ordered an inquiry against the woman by the State Police Chief.
Upon reviewing the police inquiry report, the court concluded the case was false and directed legal action against her under IPC Section 182 for providing false information with intent to harm. Justice P.V. Kunhikrishnan, presiding over the case, emphasized the need for an unbiased investigation by a competent officer and highlighted the damage caused to the morale of health workers due to the sensationalism of the case by the media.
The court noted that the woman, a 44-year-old home nurse, initially alleged that the health inspector tied and assaulted her at his flat. However, the inquiry revealed no criminal offense as the sexual activity was consensual. The court criticized the media for sensationalizing the incident and urged them to report the inquiry findings to restore confidence among health workers.
The alleged rape occurred in early September in Thiruvananthapuram, with the woman claiming she was assaulted on September 3 after visiting the health inspector's flat to collect a test certificate. Following her complaint, the state women's commission had also registered a case against the health official and recommended disciplinary action.
While granting bail, the High Court expressed shock over the false complaint that led to the man's 77-day imprisonment. Justice Kunhikrishnan noted the widespread media coverage of the initial allegations and emphasized the importance of acknowledging the affidavit that clarified the consensual nature of the incident, reportedly influenced by pressure from the woman's relatives.
TAGS: Kerala High Court false rape allegation consensual sex junior health inspector police action inquiry report IPC Section 182 media sensationalism.
