The Kerala High Court recently stated that it is incorrect to assume that Indian women would refrain from making false allegations of sexual assault due to concerns about their social image.

Justice A Badharudeen observed that in recent years, there has been an increase in instances where women have filed false complaints to settle personal scores with men. 

He emphasized that the assumption that women are unlikely to file false cases should not be applied universally and that each allegation must be assessed on a case-by-case basis.

"In cases where sexual assault has been alleged, the said concept has been carried for the past so many years, on the premise that, in Indian society, any girl would not make any allegation of sexual assault or any other mode of misconduct against a person, as the same would prejudice the right of the girl or woman, as the case may be. However, in recent years, this concept seems to be diluted and in less percentage of the complaints in this line, wherein allegation of rape, sexual molestation and other misconduct projected are without any iota of truth, so as to settle a score and also to compel the persons against whom allegations are made to heed the illegal demands of the complainants. Therefore, this concept could not be followed blindly without analyzing the truth of the allegations in case to case basis (sic)," the Court observed.

The Court made these observations while hearing a petition filed by a man seeking to quash proceedings against him in a case registered under Section 376 of the Indian Penal Code, which criminalizes rape.  

The allegation against him was that he had raped a woman with whom he was in a relationship by falsely promising marriage.  

The complainant informed the Court that she had no objection to quashing the proceedings. However, the Public Prosecutor opposed the plea, arguing that the FIR, based on the woman's statement, indicated that rape had been committed.  

The High Court also noted that while the alleged incident took place in 2014, the crime was registered only in 2019. It further observed that in 2016, the woman had approached the police's Women Cell but did not pursue the complaint after the petitioner assured her of marriage.  

This delay and subsequent developments led the Court to question the genuineness of the woman's complaint.

"When there is a complaint as to commission of rape on the promise of marriage, again withdrawing from prosecution awaiting marriage, that too for a period of three years, without having any contact in between the parties is not digestible to prudence," the Court said.

The Court ultimately concluded that the relationship between the petitioner and the complainant was purely consensual.

"Therefore, the overt acts alleged against the petitioner herein is to be held as one with consent and it could not be held that the consent is vitiated by misconception of facts and the lethargy on the part of the defacto complainant would fortify the same," the Court held.

Accordingly, the Court allowed the petition and quashed all proceedings against the petitioner in the case.