No parent would file false complaint alleging rape of unmarried daughter: Kerala High Court

Mangalore Today News Network

Kerala, August 16, 2024: The Kerala High Court on Friday stated that no parent would file a false complaint alleging their unmarried daughter was raped, Live Law reported.

This development comes in a case against a 27-year-old man who raped and sexually abused a 13-year-old and condoned a six-month delay in filing an FIR.

The court said, "No parents would come forward with a case of rape just to make a humiliating situation against the honour of the family. Why should a girl of 13 and her family lay false complaint against a person alleging rape without any rhyme or reason and invite dishonour and shame to the family? In the normal course of human conduct, no parents would come forward with a false case that their unmarried daughter was raped," as reported by Live Law.

The girl who was studying in class 9 was acquainted with the accused on Facebook, under the impression that he was her senior. Upon knowing that he was not a senior student, the girl started ignoring him and rejected his romantic advances. The accused then raped the victim in March 2012 and sexually assaulted her from March 2012 to September 2012.

The accused then said that they were in a romantic relationship, and as her parents were against it, they had filed a false case against him.

The court further stated that the victim’s age makes their relationship illegal.

"It is to be borne in mind that even if there was romantic relationship between the accused and the prosecutrix who was a minor aged 13, and even if there were frequent phone calls and chats between them and even if she had invited him to her house, it does not legalise the crime committed by the accused against the minor prosecutrix," the court said, as reported by Live Law.

The court also found out that the accused had threatened the girl of posting explicit pictures of her and also threatened to kill her mother and brother. The court said there are enough reasons to believe that the victim was scared of disclosing about the incident.

The court said, "If a victim of rape is threatened by the offender that if she discloses the incident, he would publish her nude photos and would make the incident public etc. would really put the girl in a traumatic situation and in such circumstances, there is nothing unusual in victim concealing the incident even to her parents."

The court said, "If a victim of rape is threatened by the offender that if she discloses the incident, he would publish her nude photos and would make the incident public etc. would really put the girl in a traumatic situation and in such circumstances, there is nothing unusual in victim concealing the incident even to her parents."

The court has upheld the conviction of the man under various sections, including Sections 450, 376 and 392 of the IPC.