Delhi High Court Says No Punishment To False Rape Accuser Because “She Admitted Truth Fairly”

Delhi man meets a lady on Facebook and they decide to become friends after chatting for a reasonable period of time. After having a consensual relationship with each other, problems occur and the woman files rape charges against her friend. The case reported is from the North Vasant Kunj area in the capital. 

When the case reached the High Court, the judge quashed the case, because the woman accepted filing rape case because of this reason. 

Case:

• According to the police, a rape case was registered on the complaint of the woman in December 2019
• The man is in the Para Military Force who had got acquainted with the woman through social media
• The lady works as a nurse at a hospital in Delhi
• After the rape charges, an anticipatory bail was filed on behalf of the man in Delhi High Court
• However, when the matter reached court, the woman changed her statement and said that she had no objection to the anticipatory bail application being granted the accused
• She further said that she had no grievance even if the FIR registered in this case was canceled

Background to the Case:

The man was married and had informed the woman about his relationship status. The girl did not have any problem with this and later both had physical relations with mutual consent. 

The man was posted out of Delhi and used to visit the city from time to time for official requirements. During this period, both of them would meet and the relationship continued. However, in December 2019, there was a rift between the two and when the man stopped talking to the woman, she lodged an FIR of rape against him.

The accused then approached High Court for anticipatory bail and the woman admitted that the relations between the duo were made by mutual consent. She also confessed that the man never promised her marriage. She categorically said that she only complained because the man stopped talking to her and started ignoring her calls.

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The High Court said it was clear from the woman’s statement that an FIR was lodged due to her false charge. The court suggested that action could be taken against the woman for this, however, they pardoned her because ‘she accepted the truth in a fair way.’ Thus, according to Delhi High Court, no action was required against her.

The High Court later quashed the FIR registered in the case.

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In a completely different take in November 2019, Justice Brijesh Sethi, J. of the Delhi High Court, had rejected a bail application in rape case, after the complainant decided to withdraw the same. Sethi quoted:

Rape not only causes serious injury to a woman’s body, her honour and dignity and even if such an offence is settled by the offender and victim, this offence being not private in nature but has a serious impact on the society and, therefore, cannot be quashed.

This was a case, where the couple were in a live-in relationship and the woman had filed for rape after things went wrong. However, she wanted to withdraw the petition after she married the same man. 

Even in the Supreme Court decision of Gian Singh v. State of Punjab, (2012), Court held that the settlement in cases where nature of offence is heinous /serious like murder, rape and dacoity, the criminal proceedings cannot be quashed even if they are settled by the accused and the victim, by invoking the jurisdiction of High Court under Section 482 CrPC.

Our Take:

• Why is Delhi High Court allowing quashing of the FIR in the present case?
• By doing so, they are only promoting legal blackmail, where a woman can possibly settle the matter with the man by using this rape tool
• In many cases, women have succeeded in forcing men to marry them despite their wishes, and in some exchange of money between the parties plays a big role
• A woman in India has been armed for filing rape case and post the unfortunate Nirbhaya incident in 2012, the system has been moulded to bring justice to real victims
• However, the same judiciary must take full cognisance when a woman misuses this heinous charge for her own benefit
• Conviction for filing false rape case is a must, else there is no fear in any woman if she wants to settle score with her estranged partner

ALSO READ –

http://voiceformenindia.com/in-the-social/false-rape-cases-india-2/

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