Kerala Police Complaints Authority Directs Action Against Three Officials For Falsely Implicating 82-Year-Old Man In Rape Case

The Kerala State Police Complaints Authority, Thiruvananthapuram recently ordered action against three police officials, who falsely implicated M.N. Janardhanan Nambiar, an 82-year-old man, in a rape case in 2011.

Sri. P.K. Aravintha Babu, member, directed the registration of a crime against police officers K.G. Suresh (presently Assistant Commissioner of Police), K. Sudharsan, and Sivadasan (retired) for the offences under Sections 219 and 220 of the Indian Penal Code.

"The after effects of their acts were devastating. An old man was unnecessarily tried for offence of rape. He was unnecessarily dragged to litigations. Right from the beginning, the petitioner had apprehended institution of such a false case against him at the instance of XXX and police. Therefore, he fought against them from the inception. He proved that his apprehension was true. Now, the petitioner alleged that that due to the false prosecution, his time, reputation and the entire family life were ruined. His life became miserable. No doubt, this is true and convincing. Petitioner has prima facie proved his case...," the member had remarked.

The petition was originally preferred against 8 police officers, one of whom was deleted from the party array and one passed away during the course of the proceedings.

According to the petitioner, the false case was foisted against him by the complainant in an attempt to coerce him to withdraw certain cheque cases initiated against her. Initially, she sent two persons, who impersonated themselves to be Human Rights Commission, to threaten him.

Consequently, Janardhanan filed a police complaint and another complaint before the Human Rights Commission. Following this, two inspectors allegedly summoned him to the police station and threatened to implicate him in a rape case unless the cheque cases were withdrawn. However, when he applied to get a copy of the complaint, it was discovered that no complaint has been made.

At this juncture, the petitioner again approached the Human Rights Commission for action against the police officers who threatened him. Accordingly, an order was passed by the Commission. In 2009, he filed a complaint before the Director General of Police, who took statement of the complainant. In this, there was no allegation of rape made out.

Once again, in 2011, he filed complaint before DGP for action against the erring police officers. It is alleged that when this complaint was forwarded to former Thrissur IG, she, with an intention to save the inspectors, directed the then Women Circle Inspector to take statement of the complainant so as to implicate the petitioner in a false rape case. This report was forwarded to the ADGP.

Again, in 2011, one of the sub-inspectors forced the complainant to make a complaint alleged rape by the petitioner, leading to the registration of a case against him under Section 376 IPC. A final report was filed and further investigation was ordered twice.

K.G. Suresh had conducted the first investigation, K. Sudarsan the first further investigation and Sivadasan did the second further investigation. The case was then tried by the Sessions Court, which finally acquitted the petitioner in November, 2023.

Considering all these aspects and the statements made by the respondent police officers, the Authority opined that the petitioner prima facie proved his case against three of the police officers but not against the others.

Thus, it directed the Inspector General of Police, Thrissur range to register a criminal case against these officers and ordered compliance of this direction within a month.

Advocate Sarath Babu Kottakkal appeared for the petitioner.

Case No: O.P. No. 349/2015

Case Title: M.N. Janardhanan Nambiar v. Dr. B. Sandhya IPS and Ors.