The concept that Indian women do not submit cases of false diluted sexual assault, cannot be followed blindly: Kerala HC

Last update:March 17, 2025, 13:10 Ist

The court heard a file in which the applicant alleged rape on the pretext of the marriage, but the court found that the relationship between the parties was purely consensual in nature.

The court, chaired by justice, a Badharodeen, expressed concern about the increasing tendency to register cases of false sexual aggression. (Image: Shutterstock)

The High Court Kerala recently canceled a case of rape against a man, deciding that the belief that Indian women do not make false accusations of sexual aggression cannot be followed blindly without evaluating the truth in each case.

The court, chaired by justice, a Badharodeen, expressed concern about the increasing tendency to register cases of false sexual aggression. The court stated that although the assumption that women do not submit such cases was once valid, recent cases sometimes show false charges to establish scores or to exert pressure to comply with applications.

The court mentioned: “In cases where sexual aggression was claimed, the mentioned concept has been carried out in recent years, at the premise that, in Indian society, any girl would make any accusation of sexual assault or any other way of conduct against a person, as the same would harm the right of the girl or the woman, as the case. However, in recent years, this concept seems to have been diluted and, in a lower percentage of the complaints in this line, in which the accusation of rape, sexual molest and other incorrect behaviors are without any truth, to establish a score and also to oblige the persons against whom the accusations are made to comply with the illegal requirements. Therefore, this concept could not be followed blind without analyzing the truth of the accusations in case of case. “

The case resulted from a first information report (wire), submitted by the second respondent, claiming that the accused/ petitioner sexually assaulted the applicant several times between May 30, 2014 and April 20, 2019, under the false promise of marriage.

The accused, accused under section 376 of the Indian Criminal Code (IPC), sought to give up the case, arguing that the accusations are false and that the relationship was consensual. The accused stressed that the complaint was delayed in 2019, despite any contact between the petitioner and the applicant for three years. The petitioner also mentioned that a similar complaint was filed in 2016, but was not followed after the marriage plaintiff had insured.

Currently, the applicant has submitted a statement of declaration that stated that he has no objection to the annulment of the procedure. However, the state opposed the plea, arguing that the thread contained the first -rape accusations, and the criminal prosecution should be allowed to present its evidence.

The court that highlights the inconsistencies in the conduct of the applicant, mentioned: “When there is a complaint regarding the rape on the promise of the marriage, the withdrawal again from criminal prosecution while waiting for the marriage, that for a period of three years, without having any contact between the parties.”

The court allowed the plea to give up the file against the petitioner, stating that “the relationship between the defendant defective and the petitioner was purely consensual. In this regard, there are no materials in this matter that attracts the offense punished under section 376 of the CPI. “