Love affair, break up and then file for rape…
Unfortunately, the system empowers all adult women to seek revenge in the form of legal cases, when consensual relationships go kaput.
In a recent order passed by the Supreme Court of India, a man has been acquitted from charges of rape on promise of marriage where the top court has termed the case as “abuse of process of law”.
CASE:
According to an FIR lodged by the complainant woman, she was in a relationship with the appellant and both had decided to marry. The appellant and the complainant also had a consensual sexual relationship.
However, when the male partner backed out from marriage, the female partner filed an FIR which read as follows:
The accused does not want to have any relationship with the applicant anymore and is in contact with some other girl from Ambikapur.
In the following paragraph in the FIR, a bald allegation was made against the man which stated:
He does not want to marry the applicant and on talking about marriage, he threatens to kill her and her entire family, due to which the applicant is very scared and upset.
There was another FIR filed by the complainant’s sister- in-law against the appellant and his brothers for threats and physical assault but here, there was no allegation of sexual assault against the complainant.
The High Court of Chhattisgarh refused to entertain this plea filed by the accused man, and subsequently he approached the Supreme Court.
SUPREME COURT OF INDIA
A bench of Justice Sudhanshu Dhulia & Justice K Vinod Chandran heard the matter and at the outset said:
…We are of the considered view that no case of rape has been made out against the appellant. We are informed that a chargesheet has been filed. The entire proceedings, according to us is nothing but an abuse of process of law.
The High Court should have entertained the petition filed by the appellant under Section 482 Cr.P.C. and quashed the FIR as well as the criminal proceedings.
Allowing the appeal, the Supreme Court stated:
Under these circumstances, the appeal is allowed. The chargesheet which has been submitted before the competent court registered against the appellant for the offence punishable under Section 376(2)(n), 417, 506 of Indian Penal Code as well as the criminal proceeding and all further proceedings of the Trial Court are hereby quashed.
The accused was represented by Advocate Nishant Kumar, Advocate Shailendra Singh and AOR Rohit Kumar.
VOICE FOR MEN INDIA OPINION:
While discussing such cases recently with a friend, he said…Men don’t need to bother, the Supreme Court always quashes such cases and men are even granted bail…
However, what we often overlook is the process that an accused has to endure while being tagged as an alleged rapist. The current laws are left to the interpretation of individual judges.
Look at the current case…the High Court did not entertain such a plea, but the Supreme Court went ahead and quashed the entire matter.
The man in this case got justice, but the price he had to pay for that victory can never be quantified…
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