The Manipur High Court in its order dated October 2022 dismissed anticipatory bail applications filed by rape accused stating:
An Indian woman traditionally will not concoct an untruthful story and bring charges of rape for the purpose of blackmail, hatred, spite or revenge.
Justice M V Muralidaran, in his 26-page order, observed that the stigma attached to the victim of rape in Indian society ordinarily rules out the levelling of false accusations.
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Case:
According to the complainant woman (who is a nursing student), she was administered intoxicants, kidnapped and forced into sexual intercourse. One of the accused is the Founder and Managing Director of the Institution where the victim is a student.
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Defense by Accused
The accused man claimed to have known the victim from her Facebook account and said that the two were already involved in a relationship since five years. In August 2022, the petitioner and the victim joined a picnic programme at Andro village and after the picnic party, they decided to elope and get married.
The duo eloped on the same day and stayed at MayangImphal. On the following day, they returned to the petitioner’s home and later some elderly male members of the family, including the accused boy’s father visited the residence of the victim for “Haidokpa Ceremony” .
Thereafter, on 15.8.2022 at 5.00 P.M., the girl was escorted by elderly female members of petitioner’s family to her residence. However, to their surprise, the elder sister of the girl suddenly started beating the girl and pulling her hair.
During this time, there was a scuffle between the parties and later on 16.8.2022, the girl was forced to lodge a complaint with the police against the petitioners herein. Thus, according to the petitioners, the FIR was lodged as an afterthought and duress.
Subsequently, the accused moved high court for anticipatory bail.
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Manipur High Court
Noting the evidences on record, the High Court observed,
The prima facie material establishes that the petitioner committed a heinous crime against his own student and thus it is a blot on the student-teacher relationship, which deserves no leniency.
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One of the accused in the matter was a woman and she submitted before the court that she has to take care of her minor son who is in need of breastfeeding and as such in the event, she is arrested her son will suffer. In this regard, the court observed:
It is true that breastfeeding is the best way to give babies all the necessary nutrients and antibodies, which provide a vital shield of protection, the experts in the field of neo-natal science are of considered opinion that the interaction between the lactating mother and the suckling infant involves a world of messages, which is essential for the intellectual and emotional development of the child.
The World Health Organisation recommends exclusive breastfeeding until the baby attains the age of at least six months. In the case on hand, though the petitioner Kunjarani stated that her minor son who is in need of breastfeeding and if arrested her son will suffer, first of all, the age of her son has not been given. In the absence of the age of her son, based on mere averments, the Court cannot come to a conclusion that there appears to be bona fide in her plea.
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While rejecting their anticipatory bail applications, the court observed,
Time and again, the Hon’ble Apex Court held that the important thing that the Court has to bear in mind is that what is lost by a rape victim is face. The victim loses value as a person. Ours is a conservative society and, therefore, a woman and more so a young woman will not put her reputation in peril by alleging falsely about forcible sexual assault.
A forcible sexual assault brings in humiliation, feeling of disgust, tremendous embarrassment, sense of shame, trauma and lifelong emotional scar to a victim and it is, therefore, most unlikely of a woman, and more so by a young woman, roping in somebody falsely in the crime of rape.
The stigma that attaches to the victim of rape in Indian society ordinarily rules out the levelling of false accusations. An Indian woman traditionally will not concoct an untruthful story and bring charges of rape for the purpose of blackmail, hatred, spite or revenge.
While rejecting the bail applications, the Manipur High Court made it clear that the observations made in this order are limited to the question of considering the anticipatory bail to the petitioners and this Court has not delved into the merits of the offences levelled against the petitioners.
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READ ORDER | "Indian Woman Traditionally Will Not Bring Charges Of Rape For Purpose Of Blackmail, Hatred, Spite Or Revenge": Manipur HC
— Voice For Men India (@voiceformenind) February 14, 2023
▪️HC: "Stigma attached to victim of rape in Indian society ordinarily rules out levelling of false accusations"https://t.co/lKamLBHxxU
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