An Indian Women Traditionally Will Not Concoct An Untruthful Story Of Rape For Purpose Of Blackmail Or Revenge : Manipur High Court

"An Indian woman traditionally will not concoct an untruthful story and bring charges of rape for the purpose of blackmail, hatred, spite or revenge", remarked the Manipur High Court while dismissing anticipatory bail applications filed by rape accused.

Justice M V Muralidaran observed that he stigma that attaches to the victim of rape in Indian society ordinarily rules out the levelling of false accusations.

In this case, the allegation against the accused was that they, by administering the intoxicants kidnapped the victim (who was a nursing student) and had sexual intercourse forcibly with her. One of the accused is the Founder and Managing Director of the Institution where the victim is a student.

"The prima facie material also 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.", the court observed while considering his application.

One of the accused 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."

Most unlikely of a woman, and more so by a young woman, roping in somebody falsely in the crime of rape

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.

Case details

Yumnam Surjit Kumar Singh vs Officer-in-Charge, Women Police Station | 2022 LiveLaw (Man) 10 | AB No.40 of 2022

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