SEMINAR PAPER

NECESSITY OF LAW AGAINST FALSE RAPE

CASES
Submitted on: 06 March 2017

Submitted by

Vinay Singh Chandel

BA LLB (B)

1283115

SCHOOL OF LAW,KIIT UNIVERSITY

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 TABLE OF CONTENTS

INDEX OF AUTHORITIES.......................................................................................................................2
INTRODUCTION.......................................................................................................................................4
DEFINITION..........................................................................................................................................4
VICTIMS OF RAPE...............................................................................................................................4
PHYSICAL IMPACT..............................................................................................................................5
Gynecological......................................................................................................................................5
Pregnancy............................................................................................................................................5
Sexually transmitted diseases..............................................................................................................6
PSYCHOLOGICAL IMPACT................................................................................................................7
Self-blame...........................................................................................................................................7
Suicide.................................................................................................................................................8
Sociological impact and mistreatment of victims................................................................................8
Secondary victimization......................................................................................................................9
Victim blaming....................................................................................................................................9
REPORTING OF RAPE CASES................................................................................................................9
Role of Media and Society:...................................................................................................................10
FALSE RAPE CASES..............................................................................................................................11
Case Laws:............................................................................................................................................12
Illustration 1:.....................................................................................................................................12
Illustration 2:.....................................................................................................................................12
Illustration 3:.....................................................................................................................................13
CONCLUSION/NEED OF STRINGENT LAWS TO DEAL WITH FALSE RAPE CHARGES............15
Compensating the acquitted accused of false charges:...........................................................................15
Case of perjury can be initiated against instigators:...............................................................................15

INDEX OF AUTHORITIES

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Other Authorities

EMMA – Most Londoners Believe Rape Victims are to Blame...................................................12

Risk Factors. Mayo Clinic...............................................................................................................9
Website

judis.nic.in......................................................................................................................................17
medind.nic.in.................................................................................................................................16
www.hindustantimes.com..............................................................................................................15
Journals

American Journal of Obstetrics and Gynecology............................................................................8

Ethiopian Medical Journal.............................................................................................................11
Journal of Adolescent Health.........................................................................................................11
Journal of Counseling Psychology................................................................................................10
New England Journal of Medicine..................................................................................................9
Sexual abuse in childhood and deliberate self-harm.....................................................................11
Sexual behaviour and reproductive health outcomes: associations with wife abuse in India.........9
Books

An evaluation of a project to provide education, training and care for women and minors affected
by sexual violence........................................................................................................................9
Counterfactual Thinking, Blame Assignment, and Well-Being in Rape Victims.........................11
New York Univ. Press.....................................................................................................................8
Relationship dynamics and teenage pregnancy in South Africa.....................................................9
Shame and Guilt............................................................................................................................10
Trauma of Victimization................................................................................................................11
Archives

Archives of General Psychiatry.....................................................................................................11

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INTRODUCTION

DEFINITION
The Indian Penal Code defines Rape under S. 375 as

A man is said to commit "rape" who, except case hereinafter excepted, has sexual intercourse
with a woman in circumstances falling under any of the six following descriptions:-

Firstly. Against her will.

Secondly. Without her consent.

Thirdly. –– With her consent, when her consent has been obtained by putting her or any person
in whom she is interested, in fear of death or of hurt.

Fourthly. –– With her consent, when the man knows that he is not her husband, and that her
consent is given because she believes that he is another man to whom she is or believes herself to
be lawfully married.

Fifthly. –– With her consent, when, at the time of giving such consent, by reason of unsoundness
of mind or intoxication or the administration by him personally or through another of any
stupefying or unwholesome substance, she is unable to understand the nature and consequences
of that to which she gives consent.

Sixthly. –– With or without her consent, when she is under sixteen years of age.1

VICTIMS OF RAPE
It is very unfortunate for the women, girls and even newborn children to face such kind of
monstrous activity which not only affects the physical body but it kills the soul of the individual
to live further, it also has drastic effect on family and relatives. The happiness of a family
shatters in a country like India which has totally and different psyche and thought of mind and
also where people blame the victim.

We will further observe the sufferings and condition of rape victim in brief as there are many
factors such as psychological, physical and sociological:-

1
Indian Penal Code, 1860

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PHYSICAL IMPACT

Gynecological
Common consequences experienced by rape survivors include:- 2

1. Vaginal or anal bleeding or infection

2. Hypoactive sexual desire disorder
3. Vaginitis or vaginal inflammation
4. Dyspareunia - painful sexual intercourse
5. Vaginismus - a condition affecting a woman's ability to engage in any form of vaginal
penetration3
6. Chronic pelvic pain
7. Urinary tract infections
8. Pregnancy
9. HIV/AIDS

Pregnancy
Pregnancy may result from rape. The rate varies between settings and depends particularly on the
extent to which non-barrier contraceptives are being used.

In 1982, Fertility and Sterility, the journal of the American Society for Reproductive Medicine,
reported that the risk of pregnancy from a rape is the same as the risk of pregnancy from a
consensual sexual encounter, 2–4%.4

A 1996 longitudinal study in the United States of over 4000 women followed for three years
found that the national rape related pregnancy rate was 5.0% per rape among survivors aged 12–
45 years, producing over 32,000 pregnancies nationally among women from rape each year.5

In 1991, a study in a maternity hospital in Lima found that 90% of new mothers aged 12–16 had
become pregnant from being raped, the majority by their father, stepfather or other close relative.
An organization for teenage mothers in Costa Rica reported that 95% of its clients under the age
of 15 had been victims of incest.6
2
Collett, BJ; Cordle, CJ; Stewart, CR; Jagger, C (1998). "A comparative study of women with chronic pelvic
pain, chronic nonpelvic pain and those with no history of pain attending general practitioners". British
Journal of Obstetrics and Gynaecology. Wiley. 105 (1): 87–92. doi:10.1111/j.1471-
0528.1998.tb09356.x.PMID 9442168.
3
id
4
Yuzpe, A. Albert; Smith, R. Percival and Rademaker, Alfred W. (April 1982). "A Multicenter Clinical
Investigation Employing ethinyl estradiol combined with dl-norgestrel as a Postcoital Contraceptive agent".
Fertility and Sterility. 37 (4): 508–13. PMID 7040117.
5
Holmes, MM; Resnick, HS; Kilpatrick, DG; Best, CL (1996). "Rape-related pregnancy: estimates and
descriptive characteristics from a national sample of women". American Journal of Obstetrics and
Gynecology. 175 (2): 320–324. doi:10.1016/S0002-9378(96)70141-2. PMID 8765248.
6
O'Toole, Laura L., ed. (1997). Gender violence : interdisciplinary perspectives. New York [u.a.]: New
York Univ. Press. p. 235. ISBN 0814780415.

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A study of adolescents in Ethiopia found that among those who reported being raped, 17%
became pregnant after the rape,7 a figure which is similar to the 15–18% reported by rape crisis
centers in Mexico.8

Experience of coerced sex at an early age reduces a woman's ability to see her sexuality as
something over which she has control. As a result, it is less likely that an adolescent girl who has
been forced into sex will use condoms or other forms of contraception, decreasing the likelihood
of her not becoming pregnant.9

A study of factors associated with teenage pregnancy in Cape Town, South Africa, found that
forced sexual initiation was the third most strongly related factor, after frequency of intercourse
and use of modern contraceptives. Forced sex can also result in unintended pregnancy among
adult women. In India, a study of married men revealed that men who admitted forcing sex on
their wives were 2.6 times more likely to have caused an unintended pregnancy than those who
did not admit to such behavior.10

Any pregnancy resulting from an encounter with a stranger carries a higher risk of preeclampsia,
the condition in which hypertension arises in pregnancy in association with significant amounts
of protein in the urine.11

Sexually transmitted diseases

Violent or forced sex can increase the risk of transmitting HIV.12 Research on women in shelters
has shown that women who experience both sexual and physical abuse from intimate partners are
significantly more likely to have had sexually transmitted diseases.13

7
Mulugeta, E; Kassaye, M; Berhane, Y. (1998). "Prevalence and outcomes of sexual violence among high
school students". Ethiopian Medical Journal. 36 (3): 167–174. PMID 10214457.
8
Evaluacio´n de proyecto para educacio´n, capacitacio´n y atencio´n a mujeres y menores de edad en
materia de violencia sexual, enero a diciembre 1990. [An evaluation of a project to provide education,
training and care for women and minors affected by sexual violence, January–December 1990.] Mexico
City, Asociacio´n Mexicana contra la Violencia a las Mujeres, 1990.
9
Jewkes, R; Vundule, C; Maforah, F; Jordaan, E (2001). "Relationship dynamics and teenage pregnancy in
South Africa.". Social Science and Medicine. 52 (5): 733–744. doi:10.1016/s0277-9536(00)00177-5. PMID
11218177.
10
Martin, SL; Kilgallen, B; Tsui, AO; Maitra, K; Singh, KK; Kupper, LL (1999). "Sexual behaviour and
reproductive health outcomes: associations with wife abuse in India". Journal of the American Medical
Association. 282 (20): 1967–1972. doi:10.1001/jama.282.20.1967. PMID 10580466.
11
Preeclampsia: Risk Factors. Mayo Clinic. Retrieved on 2012-08-22.
12
Jenny, C; Hooton, TM; Bowers, A; Copass, MK; Krieger, JN; Hillier, SL; Kiviat, N; Corey, L; Stamm,
WE petal. (1990). "Sexually transmitted diseases in victims of rape". New England Journal of Medicine .
322 (11): 713–716. doi:10.1056/NEJM199003153221101. PMID 2155389.
13
Wingood, G; DiClemente, R; Raj, A. (2000). "Adverse consequences of intimate partner abuse among
women in non-urban domestic violence shelters". American Journal of Preventive Medicine. 19 (4): 270–
275. doi:10.1016/S0749-3797(00)00228-2. PMID 11064231.

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PSYCHOLOGICAL IMPACT

Self-blame
Self-blame is among the most common of both short- and long-term effects and functions as an
avoidance coping skill that inhibits the healing process and can often be remedied by a cognitive
therapy technique known as cognitive restructuring.

There are two main types of self-blame: behavioral self-blame (undeserved blame based on
actions) and character logical self-blame (undeserved blame based on character). Survivors who
experience behavioral self-blame feel that they should have done something differently, and
therefore feel at fault. Survivors who experience characterological self-blame feel there is
something inherently wrong with them which has caused them to deserve to be assaulted.

Most rape survivors cannot be reassured enough that what happened to them is "not their fault."
This helps them fight through shame and feel safe, secure, and grieve in a healthy way. In most
cases, a length of time, and often therapy, is necessary to allow the survivor and people close to
the survivor to process and heal.

A leading researcher on the psychological causes and effects of shame, June Tangney, lists five
ways shame can be destructive14

1. lack of motivation to seek care;

2. lack of empathy;
3. cutting themselves off from other people;
4. anger;
5. Aggression.

Tangney notes the link of shame and anger. "In day-to-day life, when people are shamed and
angry they tend to be motivated to get back at a person and get revenge."

In addition, shame is connected to psychological problems – such as eating disorders, substance

abuse, anxiety, depression, and other mental disorders as well as problematic moral behavior. In
one study over several years, shame-prone children were also prone to substance abuse, earlier
sexual activity, less safe sexual activity, and involvement with the criminal justice system.15

Behavioral self-blame is associated with feelings of guilt within the survivor. While the belief
that one had control during the assault (past control) is associated with greater psychological
distress, the belief that one has more control during the recovery process (present control) is
associated with less distress, less withdrawal, and more cognitive reprocessing.16
14
Tangney, June Price and Dearing, Ronda L., Shame and Guilt, The Guilford Press, 2002 ISBN 1-57230-
987-3
15
ibid
16
Frazier, Patricia A.; Mortensen, Heather; Steward, Jason (2005). "Coping Strategies as Mediators of the
Relations Among Perceived Control and Distress in Sexual Assault Survivors". Journal of Counseling
Psychology. 52 (3): 267–278. doi:10.1037/0022-0167.52.3.267.

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Counseling responses found helpful in reducing self-blame are supportive responses, psycho-
educational responses (learning about rape trauma syndrome) and those responses addressing the
issue of blame.17 A helpful type of therapy for self-blame is cognitive restructuring or cognitive-
behavioral therapy. Cognitive reprocessing is the process of taking the facts and forming a
logical conclusion from them that is less influenced by shame or guilt.18

Suicide
Childhood and adulthood victims of rape are more likely to attempt or commit suicide. 19 The
association remains, even after controlling for sex, age, education, symptoms of post-traumatic
stress disorder and the presence of psychiatric disorders. 20 The experience of being raped can
lead to suicidal behavior as early as adolescence. In Ethiopia, 6% of raped schoolgirls reported
having attempted suicide. They also feel embarrassed to talk about what had happened to them. 21
A study of adolescents in Brazil found prior sexual abuse to be a leading factor predicting several
health risk behaviours, including suicidal thoughts and attempts.22

Sociological impact and mistreatment of victims

After a sexual assault, victims are subjected to investigations and, in some cases, mistreatment.
Victims undergo medical examinations and are interviewed by police. During the criminal trial,
victims suffer a loss of privacy and their credibility may be challenged. Sexual assault victims
may also become the target of slut-shaming and cyberbullying. 23 During criminal proceedings,
publication bans and rape shield laws operate to protect victims from excessive public scrutiny.

Secondary victimization
Rape is especially stigmatizing in cultures with strong customs and taboos regarding sex and
sexuality. For example, a rape victim (especially one who was previously a virgin) may be
viewed by society as being "damaged." Victims in these cultures may suffer isolation, be
disowned by friends and family, be prohibited from marrying, be divorced if already married, or
even killed. This phenomenon is known as secondary victimization.24

17
ibid
18
Branscombe, Nyla; Wohl, Michael; Owen, Susan; Allison, Julie; N'gbala, Ahogni (2003). "Counterfactual
Thinking, Blame Assignment, and Well-Being in Rape Victims". Basic & Applied Social
Psychology. 25 (4): 265–273. .
19
Davidson JR; et al. (June 1996). "The association of sexual assault and attempted suicide within the
community". Archi(1994)3SCC569ves of General Psychiatry. 53 (6): 550–555. 
20
Romans SE; et al. (September 1995). "Sexual abuse in childhood and deliberate self-harm". American
Journal of Psychiatry. 152 (9): 1336–1342. 
21
Mulugeta, E; Kassaye, M; Berhane, Y. (1998). "Prevalence and outcomes of sexual violence among high
school students". Ethiopian Medical Journal. 36 (3): 167–174. PMID 10214457
22
Anteghini Metal. (2001). "Health risk behaviors and associated risk and protective factors among Brazilian
adolescents in Santos, Brazil". Journal of Adolescent Health. 28 (4): 295–302. doi:10.1016/S1054-
139X(00)00197-X. PMID 11287247.
23
Anteghini Metal (2001) "Health risk behaviors and associated risk and protective factors among Brazilian
adolescents in Santos, Brazil". Journal of Adolescent Health. 28 (4): 295–302. doi:10.1016/S1054-
139X(00)00197-X. PMID 11287247
24
Alliance: Factsheets: Trauma of Victimization. Nycagainstrape.org. Retrieved on 2011-10-01.

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Secondary victimization is the re-traumatization of the sexual assault, abuse, or rape victim
through the responses of individuals and institutions. Types of secondary victimization include
victim blaming and inappropriate post-assault behavior or language by medical personnel or
other organizations with which the victim has contact.25

Victim blaming
The term victim blaming refers to holding the victim of a crime to be responsible for that crime,
either in whole or in part. In the context of rape, it refers to the attitude that certain victim
behaviors (such as flirting or wearing sexually provocative clothing) may have encouraged the
assault. This can cause the victim to believe the crime was indeed their fault. Rapists are known
to use victim blaming as their primary psychological disconnect from their crime(s) and in some
cases it has led to their inevitable conviction.

It has also been proposed by Dr. Roxanne Agnew- Davies, a clinical psychologist and an expert
on the effects of sexual violence, that victim-blaming correlates with fear. "It is not surprising
when so many rape victims blame themselves. Female jurors can look at the woman in the
witness stand and decide she has done something 'wrong' such as flirting or having a drink with
the defendant. She can therefore reassure herself that rape won't happen to her as long as she
does nothing similar."26

REPORTING OF RAPE CASES

Delhi the capital of India is often tagged as the “Rape Capital” of India and every one does
believe it but, the fact what most people do not know that firstly NCR (Near Capital Region) is
not a part of Delhi where maximum amount of the rape cases are reported. Secondly, as of my
belief Delhi is the safest city for Girls/Ladies/Women as every corner is covered with a mobile
patrol car of Delhi Police and the instance where people go wrong is actually that they think that
rape has happened but instead a report has been filed with regard to rape and moreover no one
knows whether the soul who reports the incident is actually truthful or framing someone with the
charge of rape.

Consequences and Sufferings of Accused of False Charges:

In the words of trial judge of FTC “These 'victims' of false rape cases cannot be forgotten. A
false allegation of rape creates havoc in the life of the accused. His whole future is shattered, his
family faces isolation & ridicule and his life destroyed. It is very difficult to come out of the
shock, trauma, ridicule and humiliation of having been arraigned in a rape case, even after the
acquittal by the court.”

25
Campbell R, Raja S.; Raja (1999). "Secondary victimization of rape victims: insights from mental health
professionals who treat survivors of violence". Violence Vict. 14 (3): 261–75. PMID 10606433
26
"EMMA – Most Londoners Believe Rape Victims are to Blame"

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Role of Media and Society:
Media, both print and visual, started highlighting the rape incidents, a commission was set up by
the Govt. of India for suggesting a stern penalty for rapists and criminal laws were amended.
New definition after 2013 Criminal Law Amendment has widened in scope so much so that mere
statement of victim of rape may bring the alleged accused behind the bar. In the words of trial
judge in a case “Such an atmosphere was created that the mere statement of a lady that she has
been raped, came to be taken as gospel truth, the accused arrested and charge-sheeted.” This may
lead to an unprecedented surge in filing of false rape cases, wherein accused had to be acquitted
after a protracted trial. It is these false cases which play havoc with the crime statistics leading to
the labelling of Delhi as a 'rape capital'.

Nobody bothers to see in how many cases are the accused in fact convicted. Media turns a blind
eye towards acquittals. The acquittal of an accused is not noticed at all and he continues to be
labelled as a 'rapist' even after his honourable acquittal. There is need for research this aspect of
misuse of the newly amended law for nefarious motives against potential accused.

Media so called fourth pillar of democracy can play an important role in creating awareness
about provisions of law and consequences of filing false rape cases against innocent alleged
accused. It is important to mention the observations of Fast Track Court Judge while acquitting
the alleged accused and highlighted the role of media in following words:

“I hope and trust that the media, which is an important pillar of our democratic set up, would
strive to highlight the plight of rape accused after their acquittal by courts in the same way in
which they report filing of rape cases.”

Court further observed that “Be that as it may, the accused herein is acquitted. This is all what
this court can do in his favour. Rest is upon the society in general and media in particular how
they would treat the accused hereafter.”

It is very unfortunate that rape occurs where the women is said to have a superior status as
written in epics and holy books and all those who commit those crime should be punished with
harshest punishment available in the legislation and with prejudice. But for an instance if we
take a up a case say a vice-versa condition? No one would actually believe the man who has
gone through such experience but let us consider this for some time and not deviate from the
topic.

What if a woman comes up to a police officer and files a report against a man who has allegedly
raped her? The man would firstly be thrashed and then locked up before even he could speak in
defense. It is imperative for us to understand that sometimes this kind of situation takes place due
to rage, revenge or any other similar feelings.

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In the above mentioned illustration the rape has been committed but not by man but by the
women though not physical but mentally it has been committed. The man goes through the
similar traumatic conditions through which a woman goes at the time of rape.

The conditions such as;-

1. Depression
2. Fear of a criminal record against him
3. Atrocity by the police
4. Taunt by neighbours/society
5. Abused ; e.t.c.

Here the table turns oppositely where the perpetrator becomes the victim and the victim becomes
the perpetrator.

FALSE RAPE CASES

Menace of false rape cases on the pretext of one or other has been rising since the new
amendment in rape law in the 2013 in India. The fact is evident from the study of court
judgments delivered by the fast track courts constituted across the country including Delhi and
news items appearing in the media. There is need to put early check on this rising menace which
may destroy fabric of society and misuse of law for various motives.

A news item published on you tube website is an eye opener, it reads as “25 false rape cases in
Punjab within a week after Delhi Gang rape case. Actually the women was in jail accused for
giving a HIV injection to a child with a man, the youth didn't get bail but this women got bail for
such a heinous crime because she was a women. There has been a sudden and bound to happen
hike in registering of false rape cases with sensitizing of police for rape cases after Delhi Gang
rape case of 16 December 2012. But now after many strict laws implemented and making of
strict laws against rape I welcome that but be prepared for such false cases against you and
prepare to go behind bars for nothing after a bad Dowry law and new tool and is being made for
women to misuse against innocent men. I am not against these strict for women laws but if such
is the implementation then the situation is alarming”

Case Laws:

Illustration 1:
Ar news items is more alarming, it reported that “A Moga woman's story of her kidnapping from
Chandigarh and dumping here after gang rape in a moving car has turned out to false. She posed
as victim to frame her boyfriend's wife who had got her into prison on the accusation of
attempted murder by poking with HIV-infected needles. She was out on bail when she made up
the story. Along with suspect Gurveer Kaur (24), the police have also arrested Rohtash Kumar,

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who claimed to have brought the woman to hospital in her unconscious state. Suspects Gurveer
Kaur, Rohtash, Ramesh, and Sunil Kumar are charged under Sections 420 (cheating), 195
(submitting false evidence to get someone imprisoned for life), 211 (false charge with intent to
injure) and 120-B (criminal conspiracy) of the Indian Penal Code (IPC). The plan also involved
consensual sex between Gurveer Kaur and Rohtash Kumar to make it easy to prove rape.”27

Illustration 2:
It is the case of the prosecutrix that she is a divorcée and she was working as instructor with the
organization of Art of Living where alleged accused was also working. They came in contact
with each other. The acquaintance had developed into love. The prosecutrix has alleged that the
alleged accused had promised to marry her and she had faith in him. Hence, they had also
developed sexual intimacy and were having sexual relations from May 2012 to March 2013.

The prosecutrix had insisted to marry with him. He had only assured her that he will fulfil the
promise but did not fulfil the same. According to the prosecutrix, she had consented to have
sexual relations with the alleged accused, subsequently he had refused to marry her & therefore
she felt cheated and according to her, her consent cannot be taken into consideration.

Since 12th May 2013 he had started behaving indifferently with her which was the reason for
suspected his bonafides. She had tried her best to seek information about him but in vain.

On the basis of her report Crime No.168 of 2013 is registered at Rafiq Ahamed Kidwai Marg
Police Station for the offence punishable under Section 376 and 417 of IPC.

The prosecutrix further submited that she had to gather courage to file the complaint against the
alleged accused and she felt that he should be punished and sent to jail for the offences
committed by him. It was an admitted position that the prosecutrix was also a divorcee she was
divorced in March 2013.

It was submits on behalf of the alleged accused that the prosecutrix was fully aware about his
status. He had no intention to cheat her. He had developed relation with her only after he was
divorced.

It was submitted that the prosecutrix was working as Inspector in Central Excise Department.
She was 42 years old, whereas the alleged accused was 35 years old. There was vast difference
in their age. It was further submitted that the relationship was based on mutual understanding and
mutual consent. There was no element of promise to marry.

Bombay High Court observed that it was further submitted on behalf of the alleged accused that
he may not totally deny the relationship which he had with the prosecutrix. However, it appears
that they could not pull on and hence parted ways. He got remarried on 18th May 2013 with one
Divya.
27
www.hindustantimes.com/punjab/.../story-icLGgRjNvbWaW3EGFvez2M.html retrieved on 1 March 2017
at 2337h

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Court’s attention was drawn to the fact that the alleged accused has got married on 18th May
2013 and the first information report was lodged on 06/06/2013 to ventilate the grievance.

The prosecutrix stated before the High Court that the looks of the alleged accused were so
deceptive that she was bound to believe that he would marry her.

It was further submitted on behalf of the alleged accused that he is no more working with the
said organization i.e. Art of Living which is admitted by learned APP; therefore, there is no
question of tampering evidence. The applicant is working in a private company, whereas the
complainant is a Government Servant, who is working as Inspector in Central Excise
Department.

The fact that the prosecutrix admits that she had consented for sexual relations, it cannot be
inferred at this stage, that she was ravished by the alleged accused. The element of cheating can
be considered at the trial after adducing substantive evidence.

Bombay High Court observed that as prima face case was made for the grant of pre-arrest bail to
the alleged accused and that in-spite of sympathy with the prosecutrix, the alleged accused
cannot be sent to custody as it would not serve any fruitful purpose except to satisfy vendetta of
the prosecutrix. 28

Illustration 3:
This case unfolds the sad and sordid story of a frail and traumatized person; old aged 75 years
who has been arrested and prosecuted for the offence of rape which he had not committed at all.
The poor old man had to suffer incarceration in jail for six months before he was released on bail
by this court for absolutely no fault and besides that had to suffer the ignominy and humiliation
at the hands of his friends and relatives for having been arraigned as an accused in a rape case.

It would be limpid from the following discussion that a false rape case was slapped upon the
accused, who was residing alone, his wife having already expired and children living separately,
merely to extract money from him and/or to usurp his property. However, let me first describe
the prosecution case.

Trial Court observed that “The testimony of the prosecutrix clearly demonstrates that she had
leveled false allegations of rape against the accused at the instance of two other prosecution
witnesses. It is amply manifest that the accused had not committed rape upon the prosecutrix and
a false story of rape had been cooked up by prosecutrix and at the instance prosecution witness
who lodged the complaint against the accused. It is further evident that mastermind prosecution
witness wanted to usurp the house of the accused by ensuring that he remains in jail for a long
time.”

28
medind.nic.in/jal/t13/i3/jalt13i3p192.pdf retrieved on 01 March 2017 at 2340h

Page 13
It is a matter of intense regret that even the frail and sick aged persons are not spared from the
false allegations of rape. There can be nothing more discomforting and painful than false
accusation of rape against a fragile old man who has already seen 75 summers. Right since the
day, when the accused was produced before me for the first time, I wondered how such a frail
old man, who cannot even stand straight, would rape a young lady in her mid-thirties, having lot
more strength than the accused. I suspected something fishy right since day one and my
suspicion came true in the deposition of the prosecutrix. A grandfatherly figure had to suffer
humiliation amongst his children neighbours etc. besides suffering jail term of about six months
on false charges of rape.

A trail court described the sufferings of accused of false rape charges even after acquittal in
following words:

“Can the lost honour and dignity of the poor old accused be restored? Can he spend the 'Sanyas
Ashram' of his life as peacefully as he would have, had he not been arraigned as accused in this
case. Certainly the memories of this false case, horrible days spent in jail and presence in court
during hearings would hound him like a ghost for the remaining part of his life. He would not
command that much respect and reverence in his family, which he used to before the present
case.”

I have earlier also observed in one of my judgments that after the infamous gang rape of a
medical student in a moving bus in South Delhi on 16.12.2012, the whole nation arose from
slumber suddenly for showing anger and outrage towards incidents of rape and demanding
stringent punishment for rapists. 29

CONCLUSION/NEED OF STRINGENT LAWS TO DEAL WITH FALSE RAPE

CHARGES

Compensating the acquitted accused of false charges:

Trial judge opined that “In my opinion, the time has come that the acquittals in rape case should
be taken seriously. The acquitted accused in such cases involving disgraceful accusations of
rape, which is the most hated crime in the society, too are the victims. Their lost honour, dignity
and status in the society cannot be restored but they can be compensated so that they are able to
start life afresh.”

Trial judge further suggested that the courts need to be empowered to award compensation to
men acquitted in false rape cases by either amending the existing section 357 of Code of
Criminal Procedure, 1973 or adding a separate section in the Code.”

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Compensation can help in financial rehabilitation of at least poor alleged accused after acquittal
of charges, but what about those victims who may suffer due to false charges of rape but
financially well off.

Case of perjury can be initiated against instigators:

Taking serious view of role played by one of the witness to trial in fake rape charges Fast Track
Court observed that “I hasten to say that prosecution witness (name withheld) who was the
mastermind in cooking up false allegations of rape against the accused should not be let off and
deserves to be prosecuted for fabricating and giving false evidence, which is being done by way
of a separate order of even date.”

Society as a whole and various stakeholders entrusted with the responsibility maintain harmony
and act in a proactive manner to fight this emerging menace of fake rape cases. There is urgent
need to deal with stern action by all concern by creating awareness about consequences of fake
rape cases, onus is more on woman activist and women rights commissions at state and national
levels to act well in time to fight this menace of fake rape cases.

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