It may take time, but sooner or later our Judiciary will come down heavily on false accusers, particularly, when false cases will be directing harming the interest of genuine sufferers.
In a first, a district court in Uttar Pradesh’s Bareilly sentenced a woman to four years and five months in jail for filing a false rape case against a man. The period of sentence awarded to the woman is exactly the same jail time spent by the falsely accused man.
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Case:
In 2019, the mother of a 15-year-old girl (Nisha) filed a case of kidnap and rape against a 21-year-old man named Ajay Rawat. Ajay was then working with the girl’s sister at a jagrata company and thus he would visit the complainant’s home often. Soon, he became friend’s with the minor girl.
In her complaint, the teen claimed Ajay drugged her with spiked prasad, took her to Delhi, locked her up in a room, and raped her. The man was jailed following the complaint. However, once the trial began, the girl retracted her statement and said the “accused” did not kidnap or rape her.
By now, Ajay had already spent four years and five months in jail (September 30, 2019, to April 8, 2024). The complainant is now 21-years-old while Ajay is 25-years of age as on date.
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Bareilly Court
Additional District Judge Gyanendra Tripathi of the Bareilly Court came down very heavily on the woman for filing a fake rape complaint and in a historic judgment, sentenced her to prison for the same number of years as spent by Ajay.
The court has also levied a fine Rs 5.88 lakh on the woman ‘for robbing the man of earning opportunities during the time he was in jail as an under trial.’
In its 16-page order, the court remarked:
The real victims have to suffer due to the actions of such women. This is a very serious situation for the society. It is objectionable to use the police and the court as a medium to achieve one’s objective. Women can’t be allowed to attack the interests of men for unfair advantage.
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Adding further the Court said:
Although it is appropriate and expected from the government, administration and courts to ensure the safety of women through relevant policies and laws, it does not mean that women who take unfair advantage of the same are given the freedom to attack the interests of men.
The Court order also added that while the woman was punished with rigorous imprisonment of 04 years, 06 months, 08 days i.e. 1,653 days and a fine of Rs 5,88,822.47, in case of non-payment of fine, she will have to undergo simple imprisonment for additional 6 months.
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Government Counsel to The Indian Express:
Speaking with The Indian Express, government counsel Sunil Pandey said:
This fine amounting to Rs 5,88,822.47 was determined on the basis of daily wages set by the Uttar Pradesh government for unskilled labour.
Adding further, Pandey said:
During the trial, the woman backtracked on her earlier statement during cross-examination. She categorically stated that she had given the statement (under 164 CrPC) under pressure of the police against Ajay.
She denied the assertion that the youth kidnapped and raped her. Last month, the court acquitted the 25-year-old man due to lack of evidence. The court convicted the woman under IPC section 195 (giving or fabricating false evidence with intent to procure conviction of an offence). She was then arrested and sent to jail. Later, woman was released on bail.
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READ ORDER (#FalseRape) | Bareilly Court Sentences Woman To Same Number Of Years Jail Time As Spent By Falsely Accused Man
— Voice For Men India (@voiceformenind) May 8, 2024
▪️ Counsel: "Court convicted her u/s 195 IPC. She was arrested & sent to jail. Later, woman was released on bail"#VoiceForMenhttps://t.co/fVAwynd2CF
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