Ordeal by Fire

An increasing number of cases are being filed which falsely accuse men of rape and get them arrested in the process. Only the Judiciary can give succour to such aggrieved persons

- Shivam Sharma

THE criminal justice system can, at times, go awry. Ample evidence of this was seen in a recent case of alleged rape in Kerala, resulting in the Kerala High Court expressing its displeasure. A false rape complaint by a “victim” against a health inspector resulted in him being detained for 77 days. The Court, it said, could not “shut its eyes in such situations” and granted bail to the health inspector.

The incident allegedly took place on September 3 in rural Thiruvananthapuram when the health inspector, the woman claimed, called her to his residence on the pretext of handing her a coronavirus negative certificate. She was in quarantine at a relative’s place where he would visit her for Covid-19 checks. She alleged that at his residence, her hands were tied and she was abused. Following her complaint, the inspector was arrested and even suspended from service. She 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. However, later, the woman filed an affidavit saying that it was consensual sex and no rape had occurred.