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  • Cannot Bring Good Times Back, But Rehab Must in False Rape Cases: Court

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    A fast track court has held that the government must frame a comprehensive policy for rehabilitation of persons accused and jailed in false rape cases. The court made the observations while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader. He denied that he had raped the girl and added that she had accompanied Subhash to Jaipur on her own volition as they were in love since January, 2007.

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    A fast track court has held that the government must frame a comprehensive policy for rehabilitation of persons accused and jailed in false rape cases. The court made the observations while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader. He denied that he had raped the girl and added that she had accompanied Subhash to Jaipur on her own volition as they were in love since January, 2007.

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    37 views1 page

    Cannot Bring Good Times Back, But Rehab Must in False Rape Cases: Court

    Uploaded by

    INSAAF
    A fast track court has held that the government must frame a comprehensive policy for rehabilitation of persons accused and jailed in false rape cases. The court made the observations while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader. He denied that he had raped the girl and added that she had accompanied Subhash to Jaipur on her own volition as they were in love since January, 2007.

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    6/14/13

    www.indianexpress.com/story-print/1100309/

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    Cannot bring good times back, but rehab must in false rape cases: Court
    PTIPostedonline:WedApr102013,13:18hrs

    NewDelhi:Thegovernmentmustframeacomprehensivepolicyforrehabilitationofpersonsaccusedandjailedinfalserapecases,afasttrack courthasheldwhileacquittingamaninakidnapcumrapecase. AdditionalSessionsJudgeVirenderBhat,whileacquittingHaryanaresidentSubhashofkidnappingandsexuallyassaultingaseventhgrader,asked SecretariesoftheHomeandLawMinistriesandtheChairmanofLawCommissionofIndiatoconsiderhissuggestion. "Thecourtfeelsthatthereisimmenseneedforarehabilitationpolicyforsuchpeoplewhohadfacedincarcerationinjailandtrialincourtonfalse chargesofrape,"theASJsaid. "Thegovernmentmustframeacomprehensivepolicyforrehabilitationofsuchpersonssothatthefutureofaresponsibleandlawabidingperson,who hasbeenjailedonthefalserapecharges,issecuredandhedoesnotfacedifficultiesinsettlingdowninlife,afterhisacquittal,"thecourtsaid. "Itisthedutyofthegovernmenttosuitablycompensatethesepersonsinordertopreventthemfromtakingtocriminalactivities,"theASJsaid. ThecourtmadetheobservationswhileacquittingSubhashwhowasaccusedofkidnappingthegirlinMarch2007fromoutsideherschoolandforcibly takinghertovariousplacesalongwithhistwofriendsandrepeatedlyrapingher. PolicerescuedthevictimwasrescuedfromahouseinBikaner,Rajasthanandarrestedtheaccusedthere. Subhash,however,toldthecourtthatitwasthegirlwhohadpressurisedhimformarriageandshehadthreatenedtocommitsuicideifhewouldnot marryher. HedeniedthathehadrapedthegirlandaddedthatshehadaccompaniedhimtoJaipuronherownvolitionastheywereinlovesinceJanuary,2007. ThecourtconcludedthatthegirlhadaccompaniedSubhashonherownwillasshedidnotraiseanyalarmdespitemanyopportunitiestodoso. Herstatementstothepolice,themagistrateandherdepositioninthecourtalsodidnotsupporttheprosecutioncase,itsaid.Themedical examinationandFSLreportalsoconfirmedthatthegirlwasnotsubjectedtorape. Thejudgealsoheldthataspertheschoolrecordsthegirlwasnotaminor,therebyrulingouttheoffenceofkidnapping. "Itappearsfromtheevidenceonrecordthatthegirlhadwillinglyelopedwiththeaccused,stayedwithhimatJaipurandBikaner,buttherehadbeen nophysicalcontactbetweenthemduringthisperiod.Thegirlhasdeposedfalselyattheinstanceandunderthepressureofherfather. "Herfatherfelthisegohurtonlearningthathisdaughterhaselopedwiththeaccusedandasanactofrevengefulretribution,gottheaccusedframed inthisfalsecase,"thecourtsaid. WhileacquittingSubhash,theASJsaid,"Goodtimescannotbebroughtbacktohim.Hehastostartthelifeagainfromascratch.Thiscourtwishes allthebesttohimforhisfuturelife." Initsorder,thecourtsaidthelegalprinciplethatamancanbeconvictedforrapeonbasisofsoletestimonyofthevictimhasbecomeaneasy weaponnowadaystogetanypersonimplicatedincaseofrapeandcontributetosteepriseinnumberofsuchcasesbeingreportedinnewspapers therebycausingalarminthesociety. "Acquittaloftheaccusedinsuchcaseprovidessomerelieftohimandvindicateshisstandofbeinginnocent.Yethehaslivetherestofhislifewith thestigmaofbeingarapeaccusedandhavingspentalongperiodinjailforsame.Hisdreamsareshatteredanditbecomesdifficultforhimtolivea normallifeevenafterhisacquittal,"theASJsaid.

    www.indianexpress.com/story-print/1100309/

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