Arshad Ahmad and Ors Vs State NCT of Delhi and Anr on 02 Jun 2022
Tag: False Incest Or Rape Or Sexual Or Sexual Harassment Allegations
Dr. Dhruvaram Murlidhar Sonar Vs State of Maharashtra and Ors on 22 Nov 2018
Dr. Dhruvaram Murlidhar Sonar Vs State of Maharashtra and Ors on 22 Nov 2018
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Santhanam and Anr Vs State and Anr on 20 Sep 2021
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 2021Citations :
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Vimlesh Agnihotri and Ors Vs State and Anr on 16 Aug 2021
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,
Vimlesh Agnihotri and Ors Vs State and Anr on 16 Aug 202114. 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.
Citations :
Other Sources :
https://indiankanoon.org/doc/53326449/
https://www.indianemployees.com/judgments/details/vimlesh-agnihotri-ors-versus-state-anr
Deepak Mahto @ Deepak Kumar Vs State of Bihar on 12 Apr 2021
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,
Deepak Mahto @ Deepak Kumar Vs State of Bihar on 12 Apr 20218. 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.
State Vs Sandeep on 29 Sep 2019
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,
State Vs Sandeep on 29 Sep 201921. 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.
Md. Ali @ Guddu Vs State of U.P. on 10 Mar 2015
Justice Dipak Misra sitting in a Division Bench of Supreme Court held that, the story of prosecutrix did not inspire confidence so the sole evidence of prosecutrix unsupported by medical evidence led to the acquittal of the appellants.
Md. Ali @ Guddu Vs State of U.P. on 10 Mar 2015Citations : [2016 NCC 1 99], [2015 ACR SC 1 972], [2015 AD SC 3 181], [2015 ALD CRL SC 2 43], [2015 CCR SC 2 404], [2015 CCR SC 1 543], [2015 CLT SC 120 418], [2015 CRIMES SC 2 84], [2015 JCC SC 2 1327], [2015 OLR SC 1 856], [2015 RCR CRIMINAL 2 206], [2015 SCC 7 272], [2015 SCJ 4 178], [2015 WLN SC 3 18], [2015 SCC ONLINE SC 192], [2015 SCR 3 416], [2015 ALL LJ 3 489], [2015 CRI LJ 1967], [2015 ALT CRL SC 2 432]
Other Sources :
https://indiankanoon.org/doc/51474008/
https://www.casemine.com/judgement/in/5790b240e561097e45a4e228
Supreme Court Judgment – Md. [email protected] vs State of Uttar Pradesh
Pradeepkumar Vs State of Kerala on 23 Nov 2020
A consensual sexual act is given a color of a rape in this case and the accused got bail u/s 439 CrPC on his third attempt, as this very same judge was not inclined to grant bail in earlier two instance and hence the bail applications were withdrawn.
Pradeepkumar Vs State of Kerala on 23 Nov 2020Amol Barsagade Vs State of Maharashtra on 23 Apr 2018
Single Judge of Bombay High Court held that, burden of proof shifting to accused in POCSO cases is not absolute and that the Prosecution has to establish their case on foundational
facts, only after which burden of proof shifts onto accused.
From Para 4, truth comes out.
4. It is admitted by the victim that Hindi books were found on her desk by the accused. The victim was suggested that since the Hindi books were found or discovered by the accused, she left the examination hall crying. The defence, obviously, is that in order to escape the consequences of the unfair practice while answering the Hindi paper, the victim falsely implicated the accused.
From Para 6,
Amol Barsagade Vs State of Maharashtra on 23 Apr 20186. The statutory presumption under Section 29 of the POCSO Act must be understood and tested on the anvil of the golden thread which runs through web of the criminal jurisprudence system in this country that an accused is presumed to be innocent till the guilt is conclusively established beyond reasonable doubt. In the factual matrix, at best, the prosecution has succeeded in bringing on record material giving rise to some suspicion. However, it is trite law that suspicion is not a substitute to proof. The gulf between “might have committed” and “must have committed” must be bridged by the prosecution by unimpeachable and confidence inspiring evidence.
Citations :
Other Sources :
https://indiankanoon.org/doc/186788466/
