A court in Bareilly, Uttar Pradesh last week convicted a woman for falsely accusing a man of rape charges in 2018. Additional District Judge Gyanendra Tripathi sentenced the woman to 4 years, 6 months and 8 days (1,653 days) of imprisonment. This is the same period the man had spent in jail due to such false accusation.
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UP: A Bareilly court in Uttar Pradesh convicted a woman for falsely accusing a man of rape in 2018. The Additional District Judge, Gyanendra Tripathi, sentenced the woman to four years, six months, and eight days of imprisonment-a duration equivalent to the time the man spent in jail due to the false accusation.
In addition to the imprisonment, the Court imposed a fine of approximately Rs 5.9 lakh on the woman, which is to be paid to the man she falsely accused. The Court warned that failure to pay the fine would result in an additional six months of imprisonment for the woman.
In its ruling, the Court stated,
“Although it is absolutely appropriate and expected for the safety of women to be ensured by the government, administration, and courts through related policies and laws, it does not mean that women who take unfair advantage of it will have the right to attack the interests of men. Exemption should be provided. Apart from this, the actions of proven guilty women, like the one presented in the case, are likely to harm the real victims of society. In such a situation, it seems appropriate to punish the proven culprit (the woman) with harsh punishment.”
In 2018, Ajay Kumar alias Raghav was accused of kidnapping and raping his colleague’s sister. The woman, who was then 15 years old, initially told the police and the magistrate that she had been raped by Ajay. However, during cross-examination, the girl recanted her statement, admitting that she intentionally lied to the magistrate and that Ajay had not molested or raped her.
Given these circumstances, the Court initiated prosecution against the woman under Section 195 of the Code of Criminal Procedure, 1973.
The Court observed,
“This detention was a result of the false allegation of conviction. If the incident was true, then Ajay should have been punished, whereas in the cross-examination held after 4 months of supporting the incident in the main examination, the woman (present culprit) declared the above Ajay innocent.”
In its analysis, the Court emphasized that while strict action is warranted in women-related complaints, misuse of laws intended for their protection cannot be tolerated.
“Government and judiciary ensure strict action in women-related complaints, but that does not mean that women can misuse or tend to take undue advantage of the law made for their protection, so as to violate the rights of men,”
-the Court asserted while convicting the woman for malicious prosecution.
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