Bombay High Court Asks DGP To Consider Man's Complaint About Cop & Women Lawyers Running 'False Rape Cases' Racket

Observing that even genuine cases of rape get affected because of 'false rape cases', the Bombay High Court on Wednesday ordered the Director General of Police (DGP), Maharashtra to consider the representation of a Navi Mumbai-based man, who has sought an enquiry against a police officer, who has been 'instrumental' in lodging false rape cases against 'innocent men' at the behest of 'serial' complainants, who target professionals for 'sextortion.'

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale said in such cases, the 'reputation' of the man concerned, is lost. 

"You (State) need to consider the fact that in such cases, often the man loses his reputation. And then because of such false cases, even the genuine cases get affected," Justice Mohite-Dere orally remarked. 

The bench was hearing a petition sent through jail by a senior management official, who worked in a motor vehicle company, but has been behind bars for more than 30 months now in relation to a rape case lodged against him by a woman advocate, who, he claimed, is known to be a serial complainant for filing such false cases of rape and outraging modesty etc against several professionals.

"This is nothing short of a pot boiler, where educated and intelligent girls have teamed up to devise an ingenious modus operandi to to earn huge quick bucks by misusing the draconian sections of rape, outraging modesty and other laws, which were formulated by our lawmakers for the protection of women and not for such blatant misuse," the complaint letter written to Milind Bharambe, the Commissioner of Police, Navi Mumbai. 

According to the complaint, there is an 'organised and well scripted' crime syndicate which is run especially by young women lawyers, who mostly operate in Delhi, Haryana, Uttar Pradesh, Maharashtra and other states. It is stated the group of lady lawyers are freely, audaciously and repeatedly lodging false rape cases against affluent men by first establishing relations, then demanding small amounts initially under the pretext of 'claimed love' and later demanding huge amounts under threat of prosecution under rape - a stigma that most men are fearful of. 

"Such women are only taking advantage of their position of being a woman, misusing the stringent rape laws as their weapon and trapping affluent men," the letter reads. 

During the hearing of the matter, the petitioner's counsel told the judges that there is one Assistant Police Inspector (API), who has been instrumental in lodging such false cases at the behest of two women advocates in Navi Mumbai and Thane. He pointed out that in most of the cases filed by these two women lawyers, either the case has been withdrawn or the court has acquitted the men booked in the case. But amid all this, the men have to languish for years altogether in the prison. 

"My life, future and career is ruined owing to the stigma of being a rape accused and an ex-prisoner. There is no ways that my three years of incarceration can be reimbursed for my sufferings in all means and ways or my life rebooted in any manner," the man, who spent around three years in such a false rape case, said.

Having considered the contentions, the judges ordered the State DGP to consider this letter petition by the man as a representation and take a call on whether it will take any action against the named women lawyers and also the API.

"If you want to take action against that lady because she filed multiple fake cases take action against her... If you think your officer is in cahoots with her, take action against him too.." Justice Mohite-Dere said.

The bench therefore, granted eight weeks time to the DGP to appoint an officer and order enquiry against the API named by the complainant man and submit the report to the court.

Appearance:

Advocate Rahul Bhatnase was appointed to represent the Man.

Additional Public Prosecutor Kumar Saste represented the State.