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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Noushad K S/o Abdul Kareem K K – Appellant
Versus
State Of Kerala – Respondent
The case involves the appellant, Noushad, who is accused of sexual assault and other related allegations. The investigation initially focused on the complainant's statement, but the court emphasized that investigations must consider both the complainant’s and the accused’s versions to ensure fairness and prevent false allegations. The petitioner argued that the allegations were false and supported his defense with evidence, including an audio clip of the complainant allegedly threatening him and criticizing his performance at work. The court noted that the investigating authorities had not thoroughly investigated the complaint filed by the petitioner prior to the registration of the case and that evidence provided by the petitioner should have been examined during the investigation. The court highlighted the importance of a balanced investigation and emphasized that the police should not rely solely on the complainant’s statement, especially in cases where there are indications of falsehood. Ultimately, the court granted bail to the petitioner under strict conditions, emphasizing that the investigation should continue thoroughly, and any false allegations should be addressed appropriately.
ORDER :
This Bail Application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
2. Investigation of a criminal case means investigation of the case of the complainant and the accused. There cannot be any unilateral investigation of the case put up by the complainant alone. Merely because the de facto complainant is a lady, there is no presumption that, in all cases, her versions are gospel truth, and the police can proceed based on her statement without considering the case of the accused. Nowadays, there is a tendency to implicate innocent people in criminal cases with serious allegations of sexual assault. If the police find that the allegations of such women against men are false, they can very well take action against the complainants also. The law permits for the same. But some of the police officers are not ready to take such action, apprehending that it will backfire on them. No such apprehension is necessary. The court will take care of the interest of such officers, if their findings are correct. The damages caused to a citizen because of false implication cannot be compensated by payment of money alone. His integrity, position in the society
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