False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape

Justice A. Badharudeen quashed the proceedings against the petitioner pending before the Special Court for the Trial of Cases Relating to Atrocities and Sexual Violence Against Women and Children (POCSO), Ernakulam and held thus: 

“Thus, going by the materials on merits, false implication for the purpose of getting back the money could be gathered. Even otherwise, the relationship, if any, is to be held as consensual one, since the promise of marriage from a married man, having wife and children, is a matter of serious concern, in the facts of this case. Therefore, by applying the principle holding the view that, in an exceptional case, even criminal proceedings alleging commission of offence punishable under section 376 of the IPC also to be quashed, I am inclined to allow this petition.”

In the facts of the case, the petitioner was allegedly accused by the de facto complainant woman of commission of offences under Sections 376(2) (n) (punishment for rape), 420 (cheating and dishonestly inducing delivery of property) and 506 (punishment for criminal intimidation) of the IPC.

The prosecution allegation was that the accused committed rape on de facto complainant from 2018 to 2022 at various places with an intent to misappropriate money that he owed to the de facto complainant. It was also alleged that the accused who was a married man with children had promised to marry the de facto complainant and borrowed money from her. It was also alleged that the accused threatened the de facto complainant and failed to return the borrowed money.

On the other hand, the petitioner alleged that false rape was filed against him since his wife had filed a case against the de facto complainant alleging house trespass and over non-repayment of money. It was also argued that even if there was a sexual relationship between them, it was consensual.

The Court noted that the de facto complainant has now filed an affidavit stating that the entire disputes between her and the petitioner were settled. However, the Court stated that an offence of rape is a serious offence warranting punishment up to life imprisonment and could not be quashed merely based on an affidavit or stating that consent could be ascertained from circumstances.

Further, the Court added thus: “However, the same is not a hard and fast rule to apply in almost all cases, where offence punishable under Section 376 of the IPC is alleged without support of sufficient materials and the materials available also would throw light to dubious circumstances to disbelieve the prosecution case in toto.”

In the present case, the Court found that there were financial dealings between the petitioner and the de facto complainant. It also observed that a case was filed against the de facto complainant by the wife of the accused.

The Court thus stated that criminal proceedings could be quashed when prosecution materials do not attract the offence alleged to be committed.

Accordingly, the Court quashed the criminal proceedings against the petitioner.

Counsel for Petitioner: Advocates Anil K.Muhamed Krishnakumar G. Ajin Salam

Counsel for Respondents: Public Prosecutor Renjit George

Citation: 2024 LiveLaw (Ker) 380

Case Title: Sakeer v State of Kerala

Case Number: CRL.MC NO. 9720 OF 2023

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