Kerala HC acquits former Forest Minister in 1999 sexual assault case involving woman IFS officer

Kochi: The Kerala High Court on Monday acquitted former Forest Minister Neelalohithadasan Nadar in a 1999 case of outraging the modesty of a woman IFS officer in Kozhikode, bringing an end to over 25 years of legal proceedings. The verdict was delivered by a single bench of Justice Kauser Edappagath, who set aside earlier convictions by lower courts and granted Nadar the benefit of doubt.

Nadar, a native of Pulluvila and affiliated with Janata Dal and Janata Dal (Secular), held multiple ministerial roles under Left Democratic Front governments, including Forest and Transport Minister from 1999 to 2000. He was also a Lok Sabha member from 1980 to 1984. He resigned as minister in 1999 following the allegation.

The case stemmed from a complaint that Nadar made sexual advances towards the IFS officer at the Government Guest House in Kozhikode on February 27, 1999. In 2002, the Judicial First Class Magistrate Court-IV, Kozhikode, sentenced him to one year's simple imprisonment. This was reduced to three months by a sessions court in 2005 after an appeal. Nadar subsequently approached the High Court.

While hearing the petition, the High Court noted significant procedural lapses. The FIR was registered more than two years after the alleged incident, on May 9, 2001, following a complaint the officer filed with the Director General of Police in March 2001. She explained that fear and the minister’s position as her departmental head prevented her from filing a complaint earlier, choosing to proceed only after his resignation in February 2000.

However, the court found this explanation unconvincing. “Her statement that even after giving evidence in May 2000, she remained under fear and threat is vague and unsupported by material. There was no reason for a high-profile, well-educated officer not to file a complaint at least immediately after the incident,” the judgment stated.

The court further observed that her testimony appeared to have been “consistently refined and improved” over time, with discrepancies between her police complaint and deposition. It held that her evidence did not meet the standard of a “sterling witness” whose uncorroborated testimony could justify a conviction.

Finding the trial and appellate courts’ evaluation of the evidence flawed, the High Court concluded that the conviction under Section 354 IPC could not stand. “The benefit of doubt ought to have been extended to the petitioner. For these reasons, the conviction and sentence imposed are set aside. The petitioner is acquitted,” Justice Edappagath ruled.