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Wednesday, December 08, 2021

Rape laws being misused,can’t tell fake from genuine,says High Court

A woman was used as a 'pawn' to settle personal scores in a case.

Written by PTI | New Delhi |
March 28, 2013 5:03:30 pm

Four family members have been acquitted of gangrape charge by a Delhi court which termed it as a classic illustration of misuse of rape laws in which the husband of alleged victim used her as a “pawn” to settle personal scores.

The court acquitted Delhi residents Sikander,his brother Shailender and their parents Harender Mehto and Sushila of the charges and stressed the need to remain “vigilant” in “differentiating” between false and genuine rape cases so that no innocent person is convicted.

“Before parting with,I would like to put on record that this case is the classic illustration of misuse of the rape related laws. The husband of the prosecutrix,in order to settle scores with the accused,used her as an arrow or pawn and slapped an utterly false criminal case upon the accused,” Additional Sessions Judge (ASJ) Virender Bhat said.

“It is becoming a very difficult job,now-a-days,for the courts to differentiate the genuine rape cases from the false ones. The cases like the present one create a well founded belief among the public as well as the judiciary that the rape related laws are misused with impunity,” the judge said.

Sikander and his family members were facing trial in the case on the allegations levelled against them by a woman,one of their relatives,who had claimed that she was confined and gangraped by the two brothers and the accused also tried to sell her.

She had approached a magisterial court seeking lodging of an FIR against the accused persons alleging that Sikander had come to her matrimonial home on August 18,2011 and told her that her father had sent him as her mother was ill after which she left with him and took her jewellery and Rs 10,000 cash.

She had alleged that Sikander made her to sit in his car and put a handkerchief on her mouth after which she became unconscious and when she regained consciousness,she found herself at his residence where other accused were also present.

The woman had told the magistrate that she was beaten up mercilessly by the accused persons who told her that her father should pay Rs five lakh to them.

She had also alleged that the brothers had taken her to Bahadurgarh at Haryana and repeatedly raped her and they then took her to a village in Chandigarh and tried to sell her.

The police had told the sessions court that an FIR was lodged in this case after the magisterial court’s direction and the accused were arrested during the probe.

The accused were charged under various sections of the IPC including that of gangrape and wrongful confinement by the court.

During the trial in the case,the complainant as well as her father did not support the prosecution’s case after which the judge stopped the trial after recording the statements of four prosecution witnesses.

The woman,in her deposition in the court,had said that she was fed up with the “torturous treatment and behaviour” of her in-laws and had left her house and started to live with her relatives,who were accused in the case. Similarly,her

father had also said the same to the court.

The court,while acquitting all the accused,said that the complainant and her father had “turned hostile” and the woman had taken a “complete u-turn and has stated the facts which are in total contradistinction to the case of prosecution.”

Rape accused let off

A man accused of raping a 19-year-old girl for more than seven years on the false promise of marriage was acquitted by a Delhi court after it turned out that the girl had levelled false allegations to force him to marry her after he refused her proposal.

Additional sessions judge T R Naval acquitted the man after the girl deposed that she had made a false complaint against the accused after she did not entertain her proposal for marriage and tied the knot with someone else.

“She (the girl) made complaint to the DCP and the Commissioner only to pressurise the accused to marry her and she had mentioned the facts of rape by the accused in anger,” the court said.

It noted that the girl,now 22,had deposed that the accused was her sister’s neighbour. They had developed friendship when she used to visit her sister’s house.

In her cross-examination,the girl told the court that she wanted to marry the accused but he refused though he had never established any physical relations with her either forcibly or on false promise of marriage.

She also told the court that the accused got married to some other woman January 27,2012 and it was then that she filed a complaint against him.

It also came to the knowledge of the court that though the girl was taken to the hospital for a medical examination on the filing of the complaint,she was never examined medically.

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