Delhi Court Orders Legal Action Against Woman for False Rape Claim

Delhi Court Orders Legal Action Against Woman for False Rape Claim

A court in Delhi has instructed the Delhi Police to pursue legal action against a woman for filing a false rape case, emphasizing that special privileges granted to women should not be misused as a "sword" to settle personal grievances.

Additional Sessions Judge Shefali Barnala Tandon noted that such false accusations can devastate the life, reputation, and social standing of the accused.

The court was hearing the bail application of the accused.

Upon reviewing the case details, the court observed that an FIR was filed against the man on July 14. However, the following day, the prosecutrix gave a statement to the magistrate indicating she had voluntarily gone to a hotel with the accused, where they engaged in consensual sexual relations.

The court noted that after a quarrel with the accused, the prosecutrix became upset, called the police, and made rape allegations in a fit of anger.

These facts were reiterated by the prosecutrix before the court, according to an order dated July 25, which granted bail to the man.

"The men of our country have equal rights and protection under the law as enshrined in the Constitution, however, special privilege is given to the women. But this special privilege and woman protecting laws should not be made a sword to settle scores or to satisfy ulterior motives, which is going rampant in the society," the court said.

"Allegations of rape are made on drop of a hat nowadays for many other reasons as observed by the Courts, day in and day out. This is one such case in hand. False rape allegations not only destroy life of the man named but also reputation and social standing of his family members at large," it added.

The court stated that rape is one of the most heinous and painful offenses, as it destroys both the soul and body of the victim. However, it also noted that the law against rape is being misused in some cases.

"The law has given the remedy of lodging a criminal complaint if a crime is committed against them (women) but such a remedy should not be used as a tool to gratify the complainant's ulterior motive or to teach a lesson to the accused," it said.

"Both man and woman are two pillars of the society and are equal in every aspect, therefore, one should not overpower the other only on the basis of gender misuse," the court added.

The court directed the state police to initiate appropriate legal action against the complainant for making a false complaint out of anger and in a state of intoxication, which led to the man's incarceration for around 10 days.

"The police is also advised not to act in haste in arresting the accused person(s) in the cases where circumstances warrant some initial enquiry or investigation after writing due reasons as per law, since there cannot be any compensation sufficient to indemnify the innocent person for incarceration on the basis of false complaint," the court said.

The court directed that a copy of the order be sent to the deputy commissioner of police concerned and requested a compliance report be filed within 10 days. Releasing the man on bail, the court instructed him to furnish a bail bond and surety bond of ₹20,000 each.

 

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