Archive

false rape cases increasing in india

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Criminal Misc. No.M-43750 of 2019 Date of Decision: 14.02.2020

Karan Chawla …Petitioner (s)

Versus

State of Punjab …Respondent(s)

CORAM:- HON’BLE MR. JUSTICE HARI PAL VERMA

Present:- Mr. S.P.S. Khaira, Advocate for the petitioner.

Ms. Ruchika Sabharwal, AAG, Punjab. ****

* HARI PAL VERMA, J. (Oral) Prayer in the present petition filed under Section 438 of the Code of Criminal Procedure, 1973 is for grant of anticipatory bail to the petitioner in case FIR No.0133 dated 18.08.2019 under Sections 376, 354, 511 IPC registered at Police Station Fatehgarh Sahib, District Fatehgarh Sahib.

The aforesaid FIR was registered on the statement of the prosecutrix with the allegations that on 17.08.2019, the prosecutrix suffered an accident and therefore, she was brought to Civil Hospital, Fatehgarh Sahib for treatment. In the Operation Room, when the doctor went away after treating her, a fat boy (the petitioner) Karan Chawla came inside  room, who firstly removed her sister-in-law from the Operation Room and then started molesting the prosecutrix. He bit her lips and removed her legging and started to touch her with finger.The prosecutrix started screaming and told the accused that she will tell her husband. The petitioner threatened her that in case she will tell this incident to anybody, he will kill her. At the same time, her husband and sister-in-law came and the accused suddenly disappeared. Later on, the prosecutrix came to know the name of the accused Karan Chawla, who was doing job in Civil Hospital.

On 16.10.2019, when this case was listed before this Court, following order was passed:-

 “Learned counsel for the petitioner refers to the statement of the attending doctor who has commented upon the behaviour of the complainant and her husband, who was allegedly under the influence of liquor, have misbehaved with the para-medical staff.

Dr. Jiwanjot Kaur was the Medical Officer and was performing emergency duty on 17.08.2019 has made a statement that the petitioner who was a Ward Attendant was present in the hospital and was helping her. She further states that husband of the complainant has assaulted the Staff Nurse and the Ward Attendant with the active sport of his relatives.

Notice of motion for 14.02.2020.

Till the next date of hearing, arrest of the petitioner shall remain stayed.”

Learned State counsel, on instructions from SI Amanpreet Kaur Brar, submits that the matter has been looked into by the police and a Special Investigation Team was constituted and on the basis of evidence so  adduced, including recording of the statements of attending doctor, lady attendant, staff nurse, police officials on duty and the security guard, the SIT has come to a conclusion that no such incident of alleged molestation has taken place and accordingly, the police has prepared cancellation report in the matter.

In view of the fact that SIT constituted in the case has not found anything in the case and thereby, cancellation report has also been prepared, the present petition is rendered infructuous

. Accordingly, the present petition is dismissed as infructuous.

However, this Court cannot ignore the fact that number of times, such like false cases are registered. Had there been no fair investigation, the petitioner would have to face trial. The police authorities are at liberty to proceed against the prosecutrix for lodging a false case, in accordance with law.

( HARI PAL VERMA )  JUDGE

Whether speaking / reasoned? Yes / No

Whether reportable? Yes / No

Flagging the issue in a judgment on Saturday, Justice Kailash Gambhir said rape cases are being used as “a weapon for vengeance and vendetta” to harass and even force a boy to marry.

While granting anticipatory bail to a man facing rape charges from a woman claiming to be his wife, HC added that in many cases woman first has consensual sex but later files rape case against her boyfriend when the relationship breaks up in order to force him to get married, making not only “mockery” of the marriage but also inflating the statistics of rape cases.

“Many of the cases are being reported by those women  who have consensual physical relationship with a man but when the relationship breaks due to one reason or the other, the women use the law as a weapon for vengeance and personal vendetta to extort money and sometimes even to force the boy to get married to her,” HC said advocating extreme caution to judges who should “cautiously examine the intentions of the girl to find out whether the rape complaint is genuine or has malafide motives”.

Earlier this week, Justice G P Mittal and Justice Suresh Kait in separate judgments quashed FIR’s relating to rape of a minor and gang-rape of a private executive respectively, after they found too many discrepancies or contradictions in victims’ statements. The common theme in all three judgments was the advice to courts not to get swayed by mere allegations of rape, howsoever heinous, but sift through evidence before convicting anyone.

Justice Gambhir, while dealing with the anticipatory bail plea pointed out that for a period of more than two years, the woman enjoyed physical intimacy with the boy. She lodged an FIR alleging rape only when he spurned her offer of marriage when she took help of the police to forcibly marry him even though the marriage was never consummated, as per the FIR.

In her complaint, she justified the delay on the grounds she was threatened and blackmailed by the boy and his kin to keep quiet otherwise she might have been killed. Being the victim of such a reprehensible crime, one should lodge a complaint immediately, or within a reasonable period of time unless there are sufficient reasons to explain the long delay, the court said.

“Delay in lodging an FIR, in such like cases can ultimately diminish the chances of conviction, as due to such delay, the medical evidence and the other circumstantial evidence may rarely be available to support the case of prosecution,” it said.

While acknowledging there is a manifold increase in the crime concerning rapes, HC said all the rape cases which are filed have their “own individual story and factual matrix”. It agreed most of the cases may be genuine, wherein the girl is a victim of the horrifying crime, or has been forced, blackmailed, threatened to enter into physical relationship with a male on the false pretext of marriage with the sole intent to physically exploit the girl “but there may be cases where both persons out of their own will and choice, develop a physical relationship”.

 

Sources: http://timesofindia.indiatimes.com/india/Women-using-rape-laws-for-vengeance-Delhi-high-court-says/articleshow/20267501.cms