Rape Accused Files Habeas Petition In SC For Production Of 'Missing' Complainant

In a curious petition filed in the Supreme Court, a rape accused has sought for directions to tracing the woman who raised the allegations, and for her production in the Court.

The petitioner, who has titled himself "Nirdoshi" after withholding original name, stated that he was a victim of a bogus rape complaint lodged in 2017. Now, the woman who made the complaint has gone untraceable, and therefore, it has become impossible to prove the falsity of allegations, stated the petitioner.

According to the petition, the rape case has been fabricated at the instance of the estranged daughter-in-law of the petitioner, who is abusing the process of law to further her matrimonial vendetta. The petitioner stated that his daughter-in-law had parted ways with his son to go with her paramour (who is said to be a police officer), and after that she filed false cases of domestic violence.

After that, in 2017, a lady lodged an FIR alleging that the petitioner had raped her, and that his son had abetted the crime. The petitioner said that his son was arrested in that case and had to undergo custody, where he was subjected to police brutalities. 

The petitioner  further stated that he has sought for CBI inquiry in the rape case by filing a petition in the Delhi High Court, which is currently pending. The woman has gone missing and her mobile numbers and address have been revealed to be fake.

Stating that it has now become impossible to get rid of the "rapist tag" in view of the disappearance of the woman-complainant, the petitioner has approached the SC.

The petition filed through Advocate Wills Mathew stated :

"The petitioner from Bhiwani in Haryana is a hard working Farmer by profession, from a respectable family, and is presently isolated from the rest of the society and is even sacred of giving his correct name and addresses to anybody , as it is a humiliation to the already humiliated family of the petitioner, and even for the village where he belongs ,where moral values matters a lot .

Even applying for a job or for passport, the petitioner and his son has to disclose the offence under section 376 IPC hanging over them , and for all practical purposes there is no future prospects for the petitioner in terms of life with dignity or social life .Nobody will prefer to have an alliance or friendship with the petitioners family and whether convicted or acquitted, the petitioner has to continue his life with a "Rapist Tag" which is very humiliating , demeaning ,seriously affecting dignity and extremely painful".

The petitioner said that he was even ready to undergo "Narco-Analysis" test to prove his innocence.

"Once FIR is registered for the offence under section 376 IPC , the accused is arrested or on bail , the only way the petitioner/accused can come out clean with some dignity is by facing the trial, failing which, "the common mans presumption" that, the petitioner/accused committed the heinous offence and settled the matter with the defacto complainant will prevail, seriously affecting a dignified life . Hence the present writ petition for the production of the defacto complainant", the plea read .

It is said in the petition that the incidence of false implication in heinous crimes , particularly in rape cases on innocent citizens and settling the case against huge payments is developing as an organized crime in India.

The petitioner alleged that the woman is in the "illegal detention" of police, and sought for a writ of habeas corpus.

"The defacto complainant, whether human or virtual, is in the illegal detention of police and they are duty bound to produce her before the Court, failing which, it will seriously affect fair trial", the plea stated.