The Delhi High Court said false rape allegations can cause severe lifelong harm to an innocent accused, including loss of reputation, jail, social stigma and psychological trauma. It added such wounds cannot be healed by discharge or sympathy.
New Delhi: The Delhi High Court highlighted that false rape accusations can leave lasting scars on those wrongfully accused.
Justice Swarana Kanta Sharma stated that the implications of such false allegations are significant not only for the so-called victims but also for the accused individuals.
A mere discharge in such cases or expressions of sympathy do little to mitigate the damage done.
The Court noted,
“Loss of reputation, incarceration, social stigma, and psychological trauma suffered by an accused who is ultimately found to have been falsely implicated may leave scars that remain unhealed for a lifetime, just as the violation of dignity and bodily integrity leaves deep and lasting wounds in genuine cases of sexual assault. Such harm cannot be undone merely by an order of discharge or a few words of sympathy,”
The Court further remarked that false allegations also undermine the plight of genuine sexual assault victims.
The Court emphasized,
“When serious allegations are made and then withdrawn without explanation, it weakens public confidence in the process meant to protect victims of sexual violence. The unfortunate result is that women who have truly suffered such crimes may find their voices questioned or their experiences doubted. For this reason, false allegations of sexual offences cannot be treated lightly and must invite careful and firm scrutiny in accordance with law, so that genuine victims are not made to suffer on account of misuse by a few,”
These comments came during a case in which a woman had initially accused three men of gang rape, claiming they had arranged a meeting under the pretense of offering her a job.
However, she later retracted her statements during the trial.
The trial court subsequently discharged the three men, a decision that the Delhi Police challenged in the High Court, which dismissed the appeal on December 15.
The Court also raised concerns about the misuse of victim compensation schemes available for rape victims.
It was mentioned that in some instances, victims receive interim compensation under the Delhi Victim Compensation Scheme 2018, only to later withdraw their rape allegations or turn hostile during trial. Notably, this interim compensation is not recovered even if the rape charges are dismissed.
Justice Sharma pointed out that allowing interim compensation to remain unrecovered in cases where allegations are later withdrawn or proven false constitutes a misuse of public funds.
The Court remarked,
“If interim compensation disbursed in cases where allegations are subsequently withdrawn or found to be false is routinely allowed to remain unrecovered, it may not only result in misuse of public funds but may also dilute the credibility and sustainability of schemes meant to support genuine victims of sexual violence,”
Consequently, the Court has issued several directives to recover such compensation paid to alleged rape victims who later withdraw their claims or if the case is found to be untrue.
It instructed that in cases involving sexual offenses where interim victim compensation has been awarded, trial courts must send records to the Delhi State Legal Services Authority (DSLSA) if the proceedings are quashed due to a compromise, if the victim becomes hostile, or if the accused is acquitted.
This is to enable the DSLSA to investigate whether steps need to be taken to recover the compensation in such instances.
Moreover, petitions requesting the quashing of such cases must explicitly reveal whether the victim received compensation under the Victim Compensation Scheme, including relevant details, as directed by the Court.
Additional Public Prosecutor Naresh Kumar Chahar represented the State, while Advocate Lokesh Kumar Mishra represented the discharged accused.
Case Title: State of GNCT of Delhi Vs Toshib Alias Paritosh & Ors.
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