Notion That Indian Women Won't Make False Sexual Assault Allegations Outdated; In Recent Years, False Rape Cases Being Filed : Kerala High Court

In the facts of the case, the Petitioner is accused of subjecting the de facto complainant to rape punishable under Section 376 of IPC by giving promise of marriage between 2014 to 2019.

Justice A. Badharudeen quashed all the proceedings against the Petitioner on finding that the FIR was filed only in the year 2019 when the allegation of rape was made for a single day's occurrence in 2014. The Court also noted that the Petitioner and de facto complainant were not in contact for a lengthy period of three years.

While quashing the proceedings, the Court observed thus:

“In cases where sexual assault has been alleged, the said concept has been carried for the past so many years, on the premise that, in Indian society, any girl would not make any allegation of sexual assault or any other mode of misconduct against a person, as the same would prejudice the right of the girl or woman, as the case may be. However, 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.”

The Court relying upon the Apex Court decision in Wahid Khan v. State of Madhya Pradesh (2010) stated that it is believed that in Indian society, girls would not make false sexual assault allegations, since she is aware of its consequences in her life. The Apex Court (supra) noted that this is because girls are extremely reluctant to admit any incidents affecting their chastity due to fears of social ostracization and concerns that making sexual assault allegations might hinder their prospects of finding a groom.

However, the High Court stated that this concept that girls would not simply make sexual assault allegations could not be blindly followed in recent times. The Court stated that in recent times girls make sexual assault allegations without any basis of truth for settling scores and to coerce for illegal demands

Court thus cautioned, “Therefore, this concept could not be followed blindly without analyzing the truth of the allegations in case to case basis. The allegation herein also to be evaluated in the said scenario.”

The Court noted that in the instant case, the Petitioner and de facto complainant were not in contact for a lengthy period of three tears. It stated that it is not believable that the de facto complainant waited from 2014 till 2019 to lodge the compliant against the Petitioner awaiting marriage.

The Court thus stated that overt acts alleged against the Petitioner were consensual in nature.

Accordingly, the Court quashed all the proceedings against the Petitioner.

Counsel for Petitioner: Advocate U K Devidas

Counsel for Respondents: Public Prosecutor Jibu T S, Advocate K V Bhadra Kumari

Case Title: Ajith v State of Kerala

Case No: CRL.MC NO. 1124 OF 2020

Citation: 2025 LiveLaw (Ker) 176