Conduct Preliminary Inquiry If Complaints Contain Wild, Unusual, Unbelievable Allegations: Kerala High Court Directs Police

The Kerala High Court has directed the State Police Chief to give instructions to all station House Officers in the state to conduct a preliminary inquiry before registering crime if complaints contain wild and unbelievable allegations

This direction was issued in the order granting bail to a woman accused of sexually abusing her minor son (Kadakkavoor POCSO case).

"This Court also finds it necessary to direct the State Police Chief to give instructions to all station House Officers in the state to conduct a preliminary inquiry before embarking upon registration of a crime when such unusual unbelievable, inhuman and wild allegations are raised, that too against a mother.", Justice V. Shircy observed in the order.

According to the prosecution, the victim/child was sexually abused by the accused-mother in her residence by disrobing him and touching on his private parts. She also disrobed compelled him to kiss on her naked body and thus committed sexual assault on him, according to the complaint.  

Granting bail to the accused, the court observed that this case is quite a strange, shocking and an unusual one where a mother is put in the dock with very wild and ferocious allegations. The court also has directed the police to probe whether the child involved in the case was brainwashed or tutored by anyone to make such wild allegations against his mother.

"Doubtless that the sanctity of Motherhood was totally ignored in this case. A mother carries her child for nine lunar months in her womb and so the relationship of a mother and child are connected even before his/her birth. The unconditional love, affection and warmth of a mother towards her child cannot be compared or equated with any love in the world. No mother "worthy of the name will resort to such a disgraceful act.", the judge added. 

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