Ernakulam: The Kerala High Court observed that the belief that Indian women would never make false sexual assault allegations is not always true. The court pointed out that there has been an increase in flase rape cases in recent years, with some being filed to settle personal scores and to exert pressure to fulfil illegal demands.

The court made this observation while quashing a sexual assault case against a person named Ajith. The complainant alleged that Ajith raped her between 2014 and 2019 promising to marry her. 

ADVERTISEMENT

Quashing the complaint, Justice A Badharudeen said that there was no contact between the complainant and accused for a long period of three years and the complaint was only made in 2019 for an incident that happened in 2014. The court said that any sexual intercourse between them was consensual in nature. 

In the Wahid Khan vs State of Madhya Pradesh (2010) case, the Supreme Court observed that in Indian society, girls would not make false sexual assault allegations since she is aware of its consequences in their lives. The Apex Court noted that this is because girls are often reluctant to admit incidents affecting their reputation due to fear of social rejection and concerns that making sexual assault allegations could hurt their chances of finding a groom. 

ADVERTISEMENT

However, the Kerala High Court stated that this concept cannot be blindly followed in recent times as in many cases, women often make false sexual assault allegations to settle grudges and to fulfill illegal demands. 

"In recent years, this concept seems to be diluted and in less percentage of the complaints in this line, wherein allegation of rape, sexual molestation and other misconduct projected are without any iota of truth, so as to settle a score and also to compel the persons against whom allegations are made to heed the illegal demands of the complainants", Justice Badharudeen said in the order. 

ADVERTISEMENT

(With inputs from LiveLaw)

The comments posted here/below/in the given space are not on behalf of Onmanorama. The person posting the comment will be in sole ownership of its responsibility. According to the central government's IT rules, obscene or offensive statement made against a person, religion, community or nation is a punishable offense, and legal action would be taken against people who indulge in such activities.