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True Colors of a Vile Wife

Tag: False Incest Or Rape Or Sexual Or Sexual Harassment Allegations

Ghanshyam Soni Vs State (NCT of Delhi) and Anr on 04 Jun 2025

Posted on June 17 by ShadesOfKnife

A division bench of Apex Court granted Divorce to husband against a lying wife.

From Para 10,

10. A perusal of the FIR shows that the allegations made by the complainant are that in the year 1999, the Appellant inflicted mental and physical cruelty upon her for bringing insufficient dowry. The Complainant refers to few instances of such atrocities, however the allegations are generic, and rather ambiguous. The allegations against the family members, who have been unfortunately roped in, is that they used to instigate the Appellant husband to harass the Complainant wife, and taunted the Complainant for not bringing enough dowry; however, there is no specific incident of harassment or any evidence to that effect. Similarly, the allegations against the five out of six sisters that they used to insult the Complainant and demanded dowry articles from her, and upon failure beat her up, but there is not even a cursory mention of the incident. An allegation has also been made against a tailor named Bhagwat that he being a friend of the Appellant instigated him against the Complainant, and was allegedly instrumental in blowing his greed. Such allegations are merely accusatory and contentious in nature, and do not elaborate a concrete picture of what may have transpired. For this reason alone, and that the evidence on record is clearly inconsistent with the accusations, the version of the Complainant seems implausible and unreliable. The following observation in K. Subba Rao v. State of Telangana Represented by Its Secretary, Department of Home & Ors.2, fits perfectly to the present scenario:
“6. The Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out.”
11. As regards the Appellant, the purportedly specific allegations levelled against him are also obscure in nature. Even if the allegations and the case of the prosecution is taken at its face value, apart from the bald allegations without any specifics of time, date or place, there is no incriminating material found by the prosecution or rather produced by the complainant to substantiate the ingredients of “cruelty” under section 498A IPC, as recently observed in the case of Jaydedeepsinh Pravinsinh Chavda & Ors. v. State of Gujarat3 and Rajesh Chaddha v. State of Uttar Pradesh.4 The Complainant has admittedly failed to produce any medical records or injury reports, x-ray reports, or any witnesses to substantiate her allegations. We cannot ignore the fact that the Complainant even withdrew her second Complaint dt. 06.12.1999 six days later on 12.12.1999. There is also no evidence to substantiate the purported demand for dowry allegedly made by the Appellant or his family and the investigative agencies in their own prudence have not added sections 3 & 4 of the Dowry Prohibition Act, 1961 to the chargesheet.

From Para 13,

13. It is rather unfortunate that the Complainant being an officer of the State has initiated criminal machinery in such a manner, where the aged parents-in-law, five sisters and one tailor have been arrayed as an accused. Notwithstanding the possibility of truth behind the allegations of cruelty, this growing tendency to misuse legal provisions has time and again been condemned by this Court. The observations in Dara Lakshmi Narayana & Ors. v. State of Telangana & Anr.5, Preeti Gupta & Anr. v. State of Jharkhand & Anr.6 aptly captures this concern.

From Para 15,

15. It is a settled position of law that for the computation of the limitation period under Section 468 CrPC the relevant date is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance.7 The dicta laid down in the case of Bharat Damodar Kale & Anr. v. State of Andhra Pradesh8 makes it unequivocally clear that the Magistrate is well within his powers to take cognizance of a complaint filed within a period of three years from the date of the commission of offence as mandated under section 468 CrPC.

Ghanshyam Soni Vs State (NCT of Delhi) and Anr on 04 Jun 2025

Index of Quash Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 468 - Bar to taking cognizance after lapse of the period of limitation Divorce granted on Cruelty ground Divorce Granted to Husband False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Filing False Criminal Complaints causes Mental Cruelty Ghanshyam Soni Vs State (NCT of Delhi) and Anr HM Act - Mental Cruelty Proved Legal Terrorism Mental Cruelty Reportable Judgement or Order | Leave a comment

V.Rajesh Vs S.Anupriya on 04 Jun 2025

Posted on June 16 by ShadesOfKnife

A division bench of Madras High Court passed this Judgment.

From Para 16, (How simple mistakes can turn evidence into trash!)

16. At this juncture, the learned Counsel for the petitioner would invite the attention of this Court to Ex-R.4 in H.M.O.P. No.702 of 2021 – Screenshot of Whatsapp Chat dated October 17, 2017, and would argue that the respondent herself admitted that everything is her fault and apologised to the petitioner about 10 days before making Ex-R.5 – Complaint and that in such a scenario, Ex-R.5 – Complaint could only be a false one. This Court has perused Ex-R.4 – Screenshot. It appears that the petitioner has received a message from a contact whom he has saved as “ANU”. The respondent has denied the said message in her cross-examination. The burden is upon the petitioner to prove Ex-R.4 –Screenshot. It is true that the Indian Evidence Act, 1872 would not be strictly applicable to family court matters, in view of Section 14 of the Family Courts Act, 1984. But, said Section 14 does not dispense with the burden of proof. The burden remains upon the petitioner. But the petitioner has failed to discharge the said burden. The petitioner has not taken any steps to prove that the said contact from which he received such a message, is his wife / respondent. Hence, the argument of the learned Counsel for the petitioner deserves to be rejected.

From Para 17,

17. Be that as it may, whether the averments contained in Ex- R.5 – Complaint are true or not is a matter for police investigation and the truth can be found only in the trial. But there was no investigation in the first place. The averments remain unestablished. The averments made in Ex-R.5 are of such nature that unless proved, they amount to defamation, which in turn constitutes to mental cruelty. If really the said averments are true, the respondent ought to have taken prudent steps to prove her averments when the petitioner failed to reunite with her. Unsubstantiated or uncorroborated defamatory averments made in Ex-R.5, causes stigma and mental agony to the petitioner as well as his family, and in the facts and circumstances of this case amounts to cruelty.

From Paras 20-21,

20. As elaborated above, the unestablished sexual allegations made by the respondent against the petitioner and his father, amounts to cruelty and thus, the petitioner has made out a case under Section 13 (1) (i-a) of H.M. Act. Points for consideration arising in these Civil Miscellaneous Appeals are answered accordingly. The petitioner is thus entitled to a Decree of divorce.
21. It is learnt that the petitioner is paying a maintenance of Rs.25,000/- to the respondent and his 8 year old child (who is under the custody of the respondent) every month. Considering the facts and circumstances of this case, especially the stand taken by the respondent that she is ready and willing to let go of the past and resume her marital life with the petitioner, this Court is of the view that though divorce is granted in favour of the petitioner, maintenance rights of the respondent shall remain unaffected.

V.Rajesh Vs S.Anupriya on 04 Jun 2025

Index to Divorce Judgments is here.

Posted in High Court of Madras Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Baseless charges Against Spouse is Cruelty Divorce granted on Cruelty ground Divorce Granted to Husband False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Legal Terrorism V.Rajesh Vs S.Anupriya | Leave a comment

Jeetan Lodh Alias Jitendra Vs State of UP Lucknow and 3 Ors on 11 Apr 2023

Posted on July 4, 2023 by ShadesOfKnife

A single bench Judge of Allahabad High Court at Lucknow held that, compensation obtained as victims has to be recovered if the said alleged victims turn hostile before Courts.

From Para 11,

11. Now, the question has cropped up before me as to whether, the prosetrix who has become hostile is entitled to retain the amount of compensation. In my opinion, if the victim has become hostile and does not support the prosecution case at all, it is appropriate to recover the amount if paid to the victim. The victim is the person who comes before the Court and during trial if she denies the allegation of rape and becomes hostile, there is no justification to keep the amount of compensation provided by the State Government. The State Exchequer cannot be burdened like this and there is all possibility of misuse of the laws. Therefore, in my opinion, the amount of compensation given to the victim or the family member, is liable to be recovered by the authorities concerned who have paid the compensation.
12. Therefore, considering the above aspect of the matter, it is directed that the State Government will pass appropriate orders and issue necessary directions to the authorities concerned to recover the amount of compensation if paid, in the cases, where the victim has become hostile during trial and not supported the prosecution. Let necessary exercise be done within a period of three months.
13. The Senior Registrar of this Court is directed to send a copy of this order to the Chief Secretary of Government of Uttar Pradesh for necessary compliance.
14. List this case in the second week of August and learned AGA will submit progress report.

Jeetan Lodh Alias Jitendra Vs State of UP Lucknow and 3 Ors on 11 Apr 2023

Citations:

Other Sources:

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Hostile Witness Case Jeetan Lodh Alias Jitendra vs State of UP Lucknow and 3 Ors Recovery of Compensation | Leave a comment

Arshad Ahmad and Ors Vs State NCT of Delhi and Anr on 02 Jun 2022

Posted on July 22, 2022 by ShadesOfKnife

 

Arshad Ahmad and Ors Vs State NCT of Delhi and Anr on 02 Jun 2022
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Arshad Ahmad and Ors Vs State NCT of Delhi and Anr CrPC 482 – Quashed Due to Out-Of-Court Settlement False Incest Or Rape Or Sexual Or Sexual Harassment Allegations FIR Quashed Due to Out-Of-Court Settlement IPC 376 - Punishment for rape Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam | Leave a comment

Dr. Dhruvaram Murlidhar Sonar Vs State of Maharashtra and Ors on 22 Nov 2018

Posted on September 25, 2021 by ShadesOfKnife

 

Dr. Dhruvaram Murlidhar Sonar Vs State of Maharashtra and Ors on 22 Nov 2018

Citations:

Other Sources:

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Dr. Dhruvaram Murlidhar Sonar Vs State of Maharashtra and Ors False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Santhanam and Anr Vs State and Anr on 20 Sep 2021

Posted on September 25, 2021 by ShadesOfKnife

A saga of illicit relationship of 5 years between two advocates is twisted into a tale of rape!!!

Santhanam and Anr Vs State and Anr on 20 Sep 2021

Citations :

Other Sources :

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Advocate Antics Evidence Act 65B - Admissibility of electronic records False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Judiciary Antics Police Antics Santhanam and Anr Vs State and Anr Work-In-Progress Article | Leave a comment

Vimlesh Agnihotri and Ors Vs State and Anr on 16 Aug 2021

Posted on August 19, 2021 by ShadesOfKnife

A single judge of Delhi High Court talks about the alarming increase of false cases of rape and offences under Section 354, 354A, 354B, 354C & 354D only to arm-twist the accused and make them succumb to the demands of the complainant.

From Para 6,

6. A perusal of the abovementioned facts would show that the parties have registered cross-cases against each other for offences under Section 376 IPC. It is tragic to note that practising advocates belonging to the legal fraternity are trivialising the offence of rape. Rape is not merely a physical assault; it is often destructive of the whole personality of the victim. The act of rape has the ability to scar the mental psyche of the victim and this trauma can persist for years.

From Para 8,

8. The issue as to whether the High Courts, while exercising its jurisdiction under Section 482 Cr.P.C, should quash an offence under Section 376 IPC has come for consideration before the Supreme Court in a number of cases. Rape is an offence against the society. The Supreme Court has, time and again, directed that the High Court should not exercise its jurisdiction under Section 482 Cr.P.C to quash an offence of rape on the ground that the parties have entered into a compromise.

From Paras 14-19,

14. Quashing FIR for offences like rape on the basis of compromise will encourage accused to put pressure on the victims to agree to a compromise and this will open doors for the accused to get away with a heinous crime which cannot be permitted.
15. In the present case it appears that both sides have resorted to file complaints of rape without having any sensitivity to the offence of rape. While the repercussions of the offence of rape on the victim have been mentioned above, on the other hand, false allegations of rape have the potential to destroy the life and career of the accused. The accused in a false case of rape loses his honour, cannot face his family and is stigmatized for life. Allegations regarding offences such as one under Section 376 IPC cannot be made at the drop of a hat – in order to settle personal scores.
16. Further, the time spent by the police in investigating false cases hinders them from spending time in investigation of serious offences. As a result, it leads to faulty investigations and the accused end up going scot-free. Valuable judicial time is also spent in hearing cases where false allegations are made and is consequently an abuse of the process of law. Therefore, people who make such false allegations of rape cannot be permitted to go scot-free. This Court is pained to note that there is an alarming increase of false cases of rape and offences under Section 354, 354A, 354B, 354C & 354D only to arm-twist the accused and make them succumb to the demands of the complainant.
17. This Court, at the moment, is not commenting as to whether the present case is a false case or not. However, if it is found that the cases which have been filed by the parties against each other are false and frivolous then action should be taken against the prosecutrix and others who were instrumental in levelling allegations of rape only to settle some personal scores. There is an urgent need to deter such frivolous litigations.
18. False claims and allegations pertaining to cases of molestation and rape need to be dealt with an iron hand due to the serious nature of the offences. Such litigations are instituted by the unscrupulous litigants in the hope that the other party will capitulate to their demands out of fear or shame. Unless wrongdoers are not made to face the consequences of their actions, it would be difficult to prevent such frivolous litigations. The Courts have to ensure that there is no incentive or motive for frivolous litigations which unnecessarily consumes the Court’s otherwise scare time. This Court is of the opinion that this problem can be solved, or at least minimized, to a certain extent, if exemplary cost is imposed on the litigants for instituting frivolous litigations.
19. In view of the mandate of the Supreme Court that High Courts must not exercise its powers under Section 482 Cr.P.C. for quashing an offence of rape only on the ground that the parties have entered into a compromise, this Court is not inclined to entertain this petition.

Vimlesh Agnihotri and Ors Vs State and Anr on 16 Aug 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/53326449/

https://www.indianemployees.com/judgments/details/vimlesh-agnihotri-ors-versus-state-anr

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Legal Terrorism Vimlesh Agnihotri and Ors Vs State and Anr | Leave a comment

Deepak Mahto @ Deepak Kumar Vs State of Bihar on 12 Apr 2021

Posted on April 17, 2021 by ShadesOfKnife

Patna High Court held that ‘statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only‘.

From Paras 8 and 9,

8. The aforesaid statement of the prosecutrix does not disclose as to what offence was committed against her.
Evidence given in a Court on oath coupled with opportunity of cross-examination to the accused has great sanctity and that is why the same is called substantive evidence. It is well settled by a catena of judicial pronouncements that statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only.

9. In R. Shaji v. State of Kerala reported in (2013) 14 SCC 266, the Hon’ble Supreme Court said that a proposition to the effect that if statement of a witness is recorded under Section 164 Cr.P.C., his evidence in Court should be discarded, is not at all warranted. As the defence had no opportunity to cross-examine the witness whose statement was recorded under Section 164 Cr.P.C. or under Section 161 Cr.P.C., such statements cannot be treated as substantive evidence.

Deepak Mahto @ Deepak Kumar Vs State of Bihar on 12 Apr 2021
Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 154 - Information in Cognizable Cases CrPC 161 - Examination of Witnesses By Police CrPC 164 - Recording of Confessions and Statements Deepak Mahto @ Deepak Kumar Vs State of Bihar False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Legal Procedure Explained - Interpretation of Statutes Statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only but NOT as Substantive Evidence | Leave a comment

State Vs Sandeep on 29 Sep 2019

Posted on March 28, 2021 by ShadesOfKnife

The mafia who engages in sex first but then terms such consensual sex as rape is busted in this case by Delhi High Court.

From Para 14,

14. In view of the above, the Trial Court concluded that the “accused cannot be held guilty for not marrying the prosecutrix because he and his family members were ready for the marriage but the parents of the prosecutrix did not want that their daughter should marry the accused”. Given the testimony of the witnesses, the conclusion that the accused and Ms P did not marry on account of the opposition from the family of the prosecutrix is certainly a plausible view. The only reservation that this Court has to the above conclusion of the trial court is the implicit assumption that the accused was alleged to be guilty of not marrying Ms P. The accused was not on trial for not marrying Ms. P; but on an allegation of committing the
offence of rape.

From Para 16, 17 and 18,

16. The Trial Court reasoned that if the accused had established physical relationship on account of the promise of marriage, she would have disclosed the same to her parents. This Court finds no infirmity with the said reasoning as well. If the accused had induced Ms P to have physical relations on the false promise to marry; she or her mother, on becoming aware, would have disclosed the same to her father.
17. It is important to bear in mind that two consenting adults establishing a physical relationship, is not a crime. Jilting a lover, however abhorent that it may seem to some, is also not an offence punishable under the IPC.
18. In so far as consent to engage in a sexual act is concerned; the campaign ‘no means no’, that was initiated in the 1990’s, embodies a universally accepted rule: a verbal ‘no’ is a definite indication of not giving consent to engage in a sexual act. There is now wide acceptance to more ahead from the rule of ‘no means no’ to ‘yes means yes’. Thus, unless there is an affirmative, conscious and voluntary consent to engage in sex; the same would constitute an offence.

From Para 21,

21. Inducement to have a physical relationship by promising marriage must have a clear nexus with the moment promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and indefinite period of time. In certain cases, a promise to marry may induce a party to agree to establish sexual relations, even though such party does not desire to consent to the same. Such inducement in a given moment may elicit consent, even though the concerned party may want to say no. Such false inducement given with the intention to exploit the other party would constitute an offence. However, it is difficult to accept that continuing with an intimate relationship, which also involves engaging in sexual activity,
over a significant period of time, is induced and involuntary, merely on the assertion that the other party has expressed its intention to get married.

State Vs Sandeep on 29 Sep 2019
Posted in High Court of Delhi Judgment or Order or Notification | Tagged False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Rape after Promise of Marriage State Vs Sandeep | Leave a comment

State of Maharashtra Vs Azad Ramji Mishra on 22 Dec 2016

Posted on March 18, 2021 by ShadesOfKnife

 

State of Maharashtra Vs Azad Ramji Mishra on 22 Dec 2016
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Perjury Under 340 CrPC State of Maharashtra Vs Azad Ramji Mishra Work-In-Progress Article | Leave a comment

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Blogroll

  • Daaman Promoting Harmony 0
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  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
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RSS Cloudflare Status

  • CGK (Jakarta) on 2025-07-16 July 16, 2025
    THIS IS A SCHEDULED EVENT Jul 16, 19:00 - 23:00 UTCJul 3, 06:02 UTCUpdate - We will be performing scheduled maintenance in CGK (Jakarta) datacenter on 2025-07-16 between 19:00 and 23:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • AKL (Auckland) on 2025-07-15 July 15, 2025
    THIS IS A SCHEDULED EVENT Jul 15, 13:00 - 19:00 UTCJul 10, 03:29 UTCScheduled - We will be performing scheduled maintenance in AKL (Auckland) datacenter on 2025-07-15 between 13:00 and 19:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • SOF (Sofia) on 2025-07-15 July 15, 2025
    THIS IS A SCHEDULED EVENT Jul 15, 01:00 - 04:00 UTCJul 2, 14:35 UTCScheduled - We will be performing scheduled maintenance in SOF (Sofia) datacenter on 2025-07-15 between 01:00 and 04:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 42.6.177.184 | SD July 9, 2025
    Event: Bad Event | Total: 158 | First: 2022-11-10 | Last: 2025-07-09
  • 2a00:1450:4864:20::245 | SD July 9, 2025
    Event: Bad Event | Total: 363 | First: 2021-07-16 | Last: 2025-07-09
  • 2a00:1450:4864:20::145 | SD July 9, 2025
    Event: Bad Event | Total: 356 | First: 2024-08-25 | Last: 2025-07-09
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