Fri. Mar 29th, 2024
Kerala High CourtThe Hindu

Synopsis: In an unforeseen turn of events, the woman submitted to the Court a notarized affidavit alleging that the intercourse was consensual and that her family were coerced to render the statement.

On Monday, the Kerala High Court granted bail to a health worker accused of sexually assaulting a woman who had visited him to obtain a certificate of COVID-19-Negative.

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The Health Inspector was charged with committing rape against a woman who had filed a complaint against him under Sections 323 (voluntarily causing serious injury), 506(i) (criminal intimidation), 376, 376(2)(n) and 376C(b) (rape) of the Indian Penal Code.

Given the severity of the charges, the Court rejected the initial bail application filed by the accused.

Then in an unlikely turn of events, the woman submitted to the Court a notarized affidavit alleging that the intercourse was consensual and that her relatives coerced her to make the statement.

Justice P Kunhikrishnan, expressing his dissatisfaction at the fact that the initial statement of the woman had resulted in the accused being detained for 77 days, observed that the Court could not “shut its eyes in such situations.” The delivery system of criminal justice should not go like this. An individual is in prison for about 77 days based on a false complaint.

The Court found, ordering an investigation into the case, that it was shocked by the turnaround.

The Court ordered the Commissioner of Police to conduct an investigation into the claims of the woman and submit a report within three months, arguing that a case of this sort would have a detrimental effect on the morale of health staff.

The order further mentions that this should be taken very seriously. No one should bring such a false complaint against a person. The petitioner worked as a Junior Health Inspector. Hundreds of health workers are fighting against the COVID-19 pandemic in the state. In such a scenario, this unique incident gave a black mark to the health workers in the state.

Having made these observations, the Court directed a bond of Rs. 50,000 for the immediate release of the accused on bail.