There are multiple laws formulated in the country formulated with the intent of protecting women, but misusing them for personal benefit deems those laws devoid of any merit and leads to lost faith in the justice redressal system.
Facts
The alleged rape took place in September. The woman was a 44-year-old home nurse who had to undergone quarantine and subsequent antigen test after returning home. The test report was asked to be collected from the house of the healthcare official, who was accused of rape.
The woman alleged that she had gone to the home of the official on 3rd September where she was tied up and raped. On basis of the woman’s statement, the state woman commission had filed a complaint against the man. They had also asked for the initiation of disciplinary actions by the Health Department against the man.
Previous Order
The High Court had previously granted the accused bail. In the bail order Justice Kunhikrishanan had stated that
“After reading the first information statement given by the victim, this Court also refused bail to the petitioner because the allegation in the statement was so serious. She even stated that her both hands were tied at her back and the mouth was blocked with a dothi. Thereafter there was a forceful rape. Now this victim is deposing before this Court in a notary attested affidavit that there is no such incident and it was a consensual sexual intercourse. It is stated in the affidavit that she gave such a statement to the police because of the pressure from her relatives.”
The bail was given in November 2020.
Court Order
The Court expressed its indignation by stating that
“Based on a false complaint, a person is in jail for about 77 days. This Court cannot shut its eye in such situations.”
The Court further held that
“I don’t want to make any further observation in it because a case is going to be registered against the de facto complainant and the same is to be investigated by the investigating officer. The officer concerned will investigate the case, untrammelled by any observation in this order.”
The single-judge bench of Justice P V Kunhikrishnan directed the police to look into the case and take ‘expeditious legal action’ for filing the false rape complaint. The Court also contended that
“In this case, I have to make an observation about the sensationalising of a criminal case even at the time of registering the First Information Report. The details of this case were there on the front page of print media and there was flash news in visual media. The morale of the health workers in the State was affected because of this sensational news”.
The Court also stated that “But the damage caused to the poor health workers in the state who were working day and night against the Covid-19 pandemic is irreparable” while observing the impact of the said incident on the mental health of healthcare workers across the state. An inquiry by the police revealed that it was a false complaint and a case is to be registered against her under IPC Section 182 (false information, with intent to cause public servant to use his lawful power to the injury of another person).
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