The Kerala High Court granted bail to a woman accused of sexually assaulting her child, emphasizing fair investigations in matrimonial disputes and criticizing the misuse of legal provisions based on hearsay.
The Kerala High Court recently granted bail to a woman accused by her estranged husband of sexually assaulting their 1.5-year-old child. The case, titled XXX v State of Kerala, has sparked a discussion on the misuse of legal provisions in matrimonial disputes.
While allowing the bail plea, the Court emphasized the need for a fair investigation, stating that complaints from both men and women should not be assumed to be true without scrutiny. Justice PV Kunhikrishnan observed:
“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 judge noted that matrimonial disputes often escalate into criminal cases, affecting innocent lives.
The accusations were made by the woman’s estranged husband, primarily based on a third-party hearsay statement that he claimed to have received from another woman. The petitioner, a breastfeeding mother, was booked under Sections 7, 8, 9(m), 9(n), and 10 of the POCSO Act for allegedly committing aggravated sexual assault on the infant.
The Court expressed concern over the misuse of legal provisions in marital conflicts, calling the trend “shameful”. It also criticized the registration of an FIR based purely on hearsay evidence without concrete proof:
“It is surprising to see that an FIR like this is registered based on hearsay.”
The investigating officer’s report indicated doubts about the allegations, suggesting that a thorough inquiry was necessary before taking further action.
The woman filed for bail fearing arrest, arguing that the accusations were false and motivated by an ongoing custody battle. She also claimed that her husband had forcefully taken custody of the child, and the police had failed to act on her complaint.
The Court found these concerns valid, further questioning the timing and intent behind the husband’s allegations.
The Court granted bail on a self-bond of Rs 50,000, directing that if the investigating officer found the allegations to be false, appropriate legal action should be taken against the complainant-husband.
The petitioner was represented by advocates CA Chacko, CM Charisma, Babu VP, and Shahbas Aman CM. Senior Public Prosecutor Noushad KA appeared for the State.
This case underscores the importance of fair investigations and ensuring that legal provisions are not misused in personal disputes.
Case Title – XXX v State of Kerala
Read the Judgement here:
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