Preliminary Inquiry Before Registering Crime If Complaints Contain Wild And Unbelievable Allegations: Kerala HC

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The Kerala High Court directed the Chief of State Police to provide instructions to all House Officers in the state station to conduct a preliminary inquiry before the crime is reported if complaints involve wild and unbelievable allegations. In the order granting bail to a woman accused of sexual abuse of her minor son, this direction was given.

Justice V. Shircy observed in the order, “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 unusualunbelievable, inhuman and wild allegations are raised, that too against a mother”.

According to the prosecution, by disrobing him and touching on his private parts, the victim/child was sexually abused by the accused mother at her home. She also disrobed, according to the complaint, compelled him to kiss her nude body and thereby committed sexual assault on him.

The court, granting bail to the accused, noted that this case is indeed a strange, shocking and unusual one in which a mother with quite wild and ferocious allegations is put in the dock. The court also directed the police to investigate whether someone had brainwashed or tutored the child involved in the case to make such wild charges against his mother. 

The judge added, “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.”