KOCHI: The Kerala High Court, while observing that a victim’s allegation of rape — a major offence in society — is always treated by the courts seriously, said false allegation of it should be considered with equal seriousness.
Quashing a case against a 46-year-old woman, the High Court directed to probe whether the woman who filed the false complaint had committed any offence punishable under the IPC. It needs to be investigated by a higher official and an FIR must be registered against the woman if any offence is committed, the court stated.
It should be noted a person can be convicted on the basis of the sole testimony of the victim if found acceptable by the trial court.“That being a legal position, a false allegation of rape should be treated with equal seriousness,” the court observed.
Justice Sunil Thomas issued the order on the petition filed by Sanil Kumar, Athiyannur, Thiruvananthapuram, seeking to quash the rape case against him. The police had registered the crime based on the woman’s complaint alleging he took her to a room and had physical relationships after making her believe he would marry her legally.
The complaint stated he had also committed an unnatural offence on her. Thereafter, he abandoned her saying he had not legally married her and his intention was only to satisfy his lust, it stated.
According to the petitioner, he had not committed any offence as alleged. After living together for some time, he came to know she had married more than once and her last marriage was subsisting. The allegation that he committed rape was false. The petitioner also submitted the case has been settled between the parties.
The court said since her earlier marriage was subsisting, she could not have legitimately expected to have entered into a legal marriage. Hence, her allegation the petitioner made a promise to marry and had physical relationships with her is not legally sustainable. The physical relationship can only be treated as consensual.
The court also directed to forward the judgment to the District Police Chief, Thiruvananthapuram, with a copy to the IG to authorise an officer in the grade of DySP to ascertain the entire circumstances leading to the present crime and to register FIR against the woman, if any offence is made out.The court also granted permission to the petitioner to proceed against the woman seeking his remedies, if any, including damages for false prosecution.