False Rape Cases On The Rise, Even Genuine Victims Have To Wait Long For Justice: Delhi Court

A Delhi Court has observed that the cases of falsely accusing innocent persons of rape and even gang rape are on the rise and even genuine victims have to wait long for justice.

“On the one hand such cases unleash incalculable suffering on the accused, on the other hand, due to such false cases, even genuine victims of rape have to wait long for justice,” Additional Sessions Judge Jagmohan Singh of the Rohini Courts observed.

The judge added that such a tendency is to be checked with a “heavy hand” and that the “stream of justice has to be kept pure.”

The court made the observations while sentencing a woman, who was convicted for the offence of deliberately giving false evidence on oath in a rape case, to two months of simple imprisonment.

The judge had acquitted three men in the case, observing that the prosecutrix's conduct was highly unnatural and belied her story.

“This Court hopes that the sentence awarded to the prosecutrix in the present case serves as a deterrent to such potential complainants,” the judge said.

It was observed that all the accused persons were falsely accused by the prosecutrix of the heinous offence of gang rape, due to which they suffered social stigma as well as the trauma of facing a criminal case for eight long years.

“It is also common knowledge that in our country, honour is still dearer than life and once loss, it is never restored fully. Even though all the accused persons have been acquitted in the present case, that is no answer to the suffering unjustly causcd to them due to false allegations made by the prosecutrix against them,” it added.

The counsel appearing for the prosecutrix filed an application seeking suspension of sentence till filing of the appeal against the sentencing order.

Allowing the same, the court directed:

“Prosecutrix is ordered to be released on bail u/ s 389 Cr.P.C. subject to furnishing of personal bond and surety bond in the sum of Rs. 10,000/ each for a period of 30 days from today to enable her to file appeal against the present order.”

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.

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, and that 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.

APP Gyanendra Kumar Mishra appeared for the State.

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

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

Click Here To Read Order