The Allahabad High Court in its order dated February 16, 2023 has raised serious concerns over ‘increasing false implication in sexual offences’. The High Court was hearing a gang rape matter, where it granted bail to the accused, after citing evidences and facts placed on record.
Case:
The alleged accused Sandeep Kumar Mishra & Chandan Kumar, alleged victim and the informant (husband of the victim) were all working in the same organization. The complainant woman happens to be the National President of the organisation where her husband was also working as a treasurer.
According to the woman’s version, the accused allegedly raped her on July 1, 2019 in her room at Varanasi. The alleged victim only informed her husband about the incident on August 3, 2019 after she reached Meerut.
This is when the woman’s husband turned into informant and registered a case under Sections 376-D, 342, 506 IPC.
The said FIR was sent to be investigated by the Varanasi police on a letter sent by SSP Meerut as the matter fell within the jurisdiction of District Varanasi. The FIR was subsequently lodged on September 9, 2019.
The accused were arrested in connection with the case in Feb-March 2020 and hence, they moved the instant plea seeking bail in the case. The applicants are in jail since 28.02.2020 and 01.03.2020 respectively.
READ ORDER | Gang Rape Case Nothing But Abuse Of Process Of Court To Falsely Implicate 4 Real Brothers, 81-Year-Old Father: Allahabad High Court
Submissions by Accused
The accused men argued before the Court that they have been falsely implicated in the case as they had enquired about the illegal activities being undertaken by the victim and other activists of the organisation.
It was submitted that the prosecution had created additional evidence by introducing new witnesses and filed their affidavits before SSP Meerut, which is hit by Section 162 Cr.P.C. and are not admissible in law.
The accused also strongly argued that the FIR was only lodged against the applicants soon after accused Chandan Kumar posted several messages in a WhatsApp group relating to the illegal activities of the founder of the organization. It was also stated that the alleged eyewitness of the incident is also a member of the organization.
The accused further questioned why the FIR was not lodged in Varanasi (location of alleged crime) and instead filed in Meerut after an inordinate delay. The applicants suggested that these tactics speak volumes of the malicious intent of the informant to implicate the applicants at the behest of the top head of the organisation.
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Arguments by Alleged Victim
On the other hand, the counsel for the state argued that the applicants have committed the gruesome act of gangrape with the victim and it is not possible in Indian society for a woman to foist false allegation of rape.
It was also argued that delay caused in lodging the FIR is but natural as the victim was under acute pressure due to the Indian values to not to reveal the said act committed with her and that she had been ravished out of the lust by the applicants as she was found alone in her room. It was also submitted that as per the provisions of Section 114-A of the Indian Evidence Act, the statement of the victim needs no corroboration and has to be relied upon.
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Allahabad High Court
The bench of Justice Krishan Pahal observed material facts on record and remarked how much water has flown down the Ganges since the Apex Court’s opined in a 1983 case (Bharwada Bhoginbhai Hirjibhai vs. State of Gujarat) that no girl would foist a false case of sexual assault against any person to avoid being maligned in the non-permissive Indian society.
After hearing arguments from both sides, the Court was not convinced to accept the submissions of the state and hence, it went ahead to grant bail to the applicants. The high court took into account the inordinate delay in lodging of the FIR by the informant and also the fact that the trial is at its conclusive end.
READ JUDGEMENT | Woman Can Also Be Held Guilty Of Gang Rape If She Has Facilitated Act Of Rape With Group Of Persons: Allahabad High Court
Concluding the matter, the Allahabad High Court remarked:
The Indian society has undergone a complete change during the said period of about 40-years and now it is more often observed that false implication in sexual offences is on a rise. The inordinate delay in lodging the FIR is to be considered at the time of adjudicating the bail.
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READ ORDER | "False Implication In Sexual Offences Is On Rise; Indian Society Has Undergone Complete Change Since 40-Years": Allahabad High Court
— Voice For Men India (@voiceformenind) February 27, 2023
▪️Argument: "False gang rape case was filed when we raised alarm over illegal activities in organisation"https://t.co/pPGucbQBse
DO WATCH:
Interview | Abhijit Iyer-Mitra Discusses Menace Of False Rape Cases In India
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