Women Who Misuse Law To Level False Rape Allegations Must Be Dealt With Strictly: Delhi Court

A Delhi Court has observed that women who misuse the law to falsely implicate any individual of rape should be dealt with strictly.

Additional Sessions Judge Jagmohan Singh of Rohini Courts made the observation while acquitting three men in a gang rape and kidnapping case, observing that the prosecutrix's conduct was highly unnatural and belied her story.

“In the considered opinion of this Court, such kind of women as the prosecutrix in the present case, who misuse the law in order to falsely implicate persons of hte heinous ofence of rape should be dealt with strictly,” the court said.

Accordingly, the court ordered that proceedings under Section 344 of CrPC (summary procedure for trial for giving false evidence) be initiated against the woman.

Charges were framed against four men, Satish, Yogesh Gupta, Kuldeep and Satbir, in 2016. 

Satish was charged for the offence under Section 376(2)(n), 366, 323, 344, 34, 376D and 506 of IPC. Yogesh Gupta was charged for the offences under Section 366, 323, 344, 34 and 376D of the Code. Kuldeep and Satbir were charged under Section 366, 323, 344, 34, 376D and 506 of IPC. 

All of them pleaded not guilty and claimed trial. However, Satbir expired during the trial.

It was the prosecutrix's case that she was raped initially by accused Satish, who later threatened to defame her by sending her nude photographs and videos to her in-laws and also demanded money from her.

According to the complaint, she was later gang raped by the four accused persons for about 12-13 days. She alleged that accused Satish again made the same threats and told her that he was having a fake marriage certificate and that if she made any complaint, he will put her behind bars in a false bigamy case.

While acquitting Satish, Yogesh Gupta and Kuldeep, the court observed that not only the version of prosecutrix regarding her abduction and rape was completely and patently false, “it also showed her motive in filing the false complaint” as she had married Satish at the Arya Samaj temple in 2012 by concealing from him that she was already married.

”She has deposed that she was abducted by the accused persons on 29.11.2012 and was taken ot Kamal; there she was kept hostage till 10.12.2012 and was gang raped. However, testimony of PW-S Pandit Brij Kumar Pandey has proved that on 04.12.2012 prosecutrix was at Delhi and her marriage was solemnised with accused Satish at Arya Samaj temple. Thus, her above contrary testimony is patently false,” the court said.

The judge observed that the prosecutrix did not depose in her entire testimony as to when, where and at what time and by whom her neice was kidnapped. It added that the woman took the shield of her disturbed mental state only in a vain attempt to explain her “entirely contradictory statements.”

“The above conduct of the prosccutrix is also against al canons of prudence and makes her testimony wholy unworthy of credit,” the court said.

APP Gyanendra Kumar Mishra appeared for the State.

Advocates Pradeep Rana and Tushar Rohmetra appeared for the accused persons.