Complaint By Men Against Women Not Gospel Truth: Kerala HC Grants Bail To Mother Accused Of Sexually Abusing Breast-Feeding Daughter

Justice P.V. Kunhikrishnan relied upon another recent decision in Noushad K v State of Kerala and Another (2025) which held that the mere fact that the complainant is a lady does not create a presumption that her version is the gospel truth.

“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.”

Crime was registered against the mother by her husband alleging commission of offences punishable under Section 8 read with Section 7 and Section 10 read with Sections 9(m) and 9(n) of the POCSO Act.

The Court noted that there were matrimonial disputes between the parties. It is also noted that custody dispute was also going on.

The Court noted that POCSO offence was registered against the mother based on the statement of father who stated that he heard from another lady that the petitioner was sexually abusing her own child. The Court observed that it was shocking that an FIR was registered merely based on hearsay evidence that the mother committed offences under POCSO Act against her own daughter. Court stated that Sub Inspector of Police submitted a report stating that further enquiry has to be conducted, which itself shows that they were not satisfied with the evidence at hand.

Court said, “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.”

As such, the Court allowed the bail application of the Petitioner. The Court further directed that appropriate action should be taken against the de facto complainant husband if the allegations against the Petitioner were found to be false.

Counsel for Petitioner: Advocates C.A.Chacko, C.M.Charisma, Babu V.P., Shahbas Aman C.M.

Counsel for Respondents: Senior Public Prosecutor Noushad K A

Case Title: XXX v State of Kerala

Case No: BAIL APPL. NO. 2409 OF 2025

Citation: 2025 LiveLaw (Ker) 155

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