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June 25, 2021
Kerala High Court granted bail to a man jailed for 77 days in a alleged false rape case
Judgement

Kerala High Court granted bail to a man, who spent 77 days in jail in alleged false rape case

Monday, The Kerala High Court, the single bench of Justice P.V. Kunhikrishnan granted bail to a man working as a health inspector, who was jailed for 77 days in the alleged false rape case.

“The criminal justice delivery system cannot go like this. Based on a false complaint, a person is in jail for about 77 days. This Court cannot shut its eye in such situations” in the order.

The Case

The prosecutrix, working as a home nurse, alleged that after she was tested Covid-19 negative, she visited the residence of the health inspector (accused in the case) as advised by the accused to obtain the report. It is alleged that, the accused assaulted her and committed rape at his residence.

The applicant was accused of committing rape under IPC sections 323, 506, 376, 376(2)(n), and 376C(b).

Prior to the present application, the accused had filed two bail applications which were rejected by the court because of the nature of the case.

In the present application, the applicant submitted an affidavit of the victim woman, according to which the incident was a consensual sexual intercourse and she gave such ‘statement to the police because of the pressure from her relatives’.

“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 Bench

The bench after accepting the woman affidavit said that “the petitioner is in illegal custody for the last 77 days”.

“It is an admitted fact that the petitioner is in custody for the last 77 days. If the averments in the affidavit of the victim is accepted, the petitioner is in illegal custody for the last 77 days. This should be taken very seriously. Nobody should make such false complaint against a person.”

The bench also stated that, such false case will affect the morale of the health workers.

“The petitioner was working as a Junior Health Inspector. Hundreds and hundreds of health workers are working in the State against the pandemic Covid-19. In such a situation, this particular incident gave a black mark to the health workers in the State. It even affected their morale.”

The bench observed this a fit case to grant bail to the applicant.

“Now this victim is coming before this Court and saying that it was a consensual sexual intercourse and there was no forceful sex as stated in the FI statement. The personal liberty of a citizen is his fundamental right under Article 21 of the Constitution of India.”

The bench also said that if sexual intercourse was done with the consent of the woman, “no prima facie case is made out”.

“Of course, the action of the petitioner may not be acceptable morally but that is not a reason to punish him like this. The allegation in the first information statement in this case tarnished the image of health workers in the state. If anybody is responsible for the same, the law of the land should act swiftly.” in the order

The bench granted the bail to the petitioner on a bond of Rupees 50,000 and directed the DGP to submit a report within three months.

“The Director General of Police should take this case very seriously and do the needful and file a report based on the enquiry before the Registrar General of this Court within three months.”

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