The judge clearly said that this trend is dangerous. Fake cases not only increase the burden on the courts but also make real survivors of rape appear untrustworthy in society.
NEW DELHI: The Delhi High Court has refused to cancel a rape case just because the accused has married the complainant. The Court strongly said that there is a growing trend of filing and then taking back such complaints, which can harm the legal system and real victims.
ALSO READ: [Rape Case] “Was Illiterate Victim’s Understanding of Settlement Verified?”: SC Questions
Justice Girish Kathpalia, in his judgment passed on April 29, stated that even if the complaint is later found to be false, canceling the case at this early stage would support the misuse of the criminal justice system.
“If the complaint lodged by the prosecutrix which led to the registration of FIR and the consequent proceedings is not truthful, quashing the same would tantamount to encouraging the abuse of process of criminal justice machinery. The trend gradually setting in across the society to lodge false complaints with impunity and thereafter retract, needs to be checked.”
The judge clearly said that this trend is dangerous. Fake cases not only increase the burden on the courts but also make real survivors of rape appear untrustworthy in society.
“Every false complaint contributes to not just an unnecessary load on the overflowing dockets but also gives an impression that even genuine complaints are false, thereby, causing grave injustice to actual survivors of rape.”
Background:
In this case, a woman accused her neighbour of rape, sodomy, and blackmail. She alleged that the man had objectionable photos of her and used them to sexually exploit her. She also claimed that his brother-in-law, who is also a petitioner, sexually abused her.
ALSO READ: Calcutta High Court Demands Progress Report in Sandeshkhali Gang Rape Case
Later, the main accused married the complainant. Based on this, both men asked the High Court to cancel the FIR (First Information Report) filed against them.
But the court did not agree to cancel the case.
“I am not satisfied that the impugned FIR and/or the consequent proceedings can presently be treated as abuse of process of the court in any manner or that quashing the same would secure the ends of justice.”
The court added that if the woman later changes her statement during the trial, the prosecution will check her testimony carefully. If it turns out she filed a false complaint, suitable legal action will be taken.
“Even if the woman turned hostile in the witness box during the trial, her testimonies would be tested by the prosecution and appropriate consequences would follow for lodging a false complaint.”
Justice Kathpalia also noted that if the complaint is true, then forcing the survivor to marry her abuser would not be fair. In that case, the government should protect her basic rights.
“If the complaint was indeed true, instead of extending premium to the accused by pushing the helpless survivor into his matrimony, the state would have to ensure her a dignified life by providing her food, shelter and clothing.”
The court made it clear that this was not just another case of a romantic relationship gone bad. The matter was more serious and involved coercion, blackmail, and multiple allegations of sexual abuse.
“The present case was not an ordinary one in which a love affair had gone awry or where the survivor was induced into sexual relations on a false promise of marriage.”
The truth can only come out through a full trial, the judge said.
“The truth couldn’t be arrived at without testing the allegations in trial.”
It was also noted that the marriage happened just about ten days before the chargesheet was filed. The court expressed concern over this development.
“It came on record that the parties married roughly 10 days prior to the filing of the chargesheet with the court wondering if it was justified to push the survivor into the ‘matrimonial fold of her tormentor’.”
Case Title: Shafeeq Ahmad & Ors. v. State Of NCT Of Delhi & Anr.
