"Men’s Complaints Against Women Not Gospel Truth": Kerala HC Grants Bail to Mother Accused of Abusing Infant Daughter
Pranav B Prem
In a significant ruling, the Kerala High Court has granted bail to a mother accused by her husband of committing aggravated sexual assault on their one-and-a-half-year-old daughter. Justice P.V. Kunhikrishnan, while allowing the bail application, observed that the mere fact that a complainant is a man does not mean that his allegations should be treated as gospel truth.
The case pertained to a crime registered under Sections 8 read with 7 and 10 read with 9(m) and 9(n) of the Protection of Children from Sexual Offences (POCSO) Act. The allegations were made by the petitioner’s husband, who claimed that he heard from another woman that the mother was abusing their child. The Court expressed shock over the fact that such a serious offense was registered merely on the basis of hearsay evidence. The Court, in its order dated February 28, 2025, observed, "It is surprising to see that, an FIR like this is registered based on hearsay. The Sub Inspector of Police submitted a report, which is made available by the Public Prosecutor. In the report itself, it is stated that more enquiry is to be conducted before proceeding with the case. That itself shows that even the Investigating Officer is not convinced about the statement of the defacto complainant."
The judgment also referred to a previous ruling in Noushad K v. State of Kerala and Another (2025), emphasizing that unilateral investigations based solely on complaints from women should not be treated as gospel truth. The Court applied the same principle in the present case, stating, "In the order dated 24.02.2025, in B.A No.2241 of 2025, this Court observed that, there cannot be any unilateral investigation based on the complaint of a lady, treating it as gospel truth. The same principle is applicable vice versa too. The complaint of men against women need not be treated as gospel truth."
The Court further pointed out that there was an ongoing matrimonial dispute and custody battle between the petitioner and her husband. This, the Court noted, raised concerns about the nature and motive of the allegations made by the complainant. Expressing concern over the manner in which matrimonial disputes are leading to false accusations, the Court remarked, "Of course, it is a matter of investigation. But, the way the matrimonial disputes are going in our society is shameful to all of us." Considering these aspects, the Court allowed the petitioner’s bail application and ordered that she be released on self-bond if arrested. Moreover, the Court issued a crucial direction that appropriate legal action should be taken against the husband if the allegations against the petitioner were found to be false. The judgment stated, "I also make it clear that, if the Investigating Officer, after investigation, found that the allegation against the petitioner is false, appropriate steps in accordance to law should be taken against the defacto complainant."
Cause Title: XXX v State of Kerala
Case No: Bail Appl. No. 2409 OF 2025
Citation: 2025:KER:17067
Bench: Justice P.V. Kunhikrishnan
[Read/Download order]
