Delhi High Court ordered trial court to act against the accuser who filed a fake complaint of alleged gang rape

Team SoOLEGAL 9 Aug 2017 11:12am

Delhi High Court ordered trial court to act against the accuser who filed a fake complaint of alleged gang rape

The Delhi High court lately ordered the Trial court to proceed against a prosecutrix for posing a fake allegation of gang rape against two Delhi-based Doctors.

The court observed that no women have the right to wrongly involve someone in a rape case just because of the social mentality attached to the crime. The court has observed several cases of false rape allegations; when someone tutored a naïve daughter or a discontented employee use these false allegations to have revenge.

The Bench comprising Justice G. S. Sistani and Justice A K Chawla observed the fact, with a slight increase in such fake cases; it is obvious that court should not make decisions, based on a simple allegation of rape and should also secure the rights of the accused. The social reputation of the accused may be destroyed in his community and in the eyes of his own family and children for no fault of his own because of a woman who failed to meet her demands in a fair manner and leveled false allegation of rape in pursuance of her evil design.

The accuser has claimed that her employment as an Administrative Assistant (Field) at a micronutrient research center was ended in March 2013 and that she was allegedly raped when both Doctors tricked her on a pretext of giving her back the job.

The trial court found the two Doctors not guilty of accused crime. The Decision was now being challenged by State under section 378 of the Code of The Criminal Procedure. The High Court held the impugned order and concluded that accuser’s statement is invalid and the whole idea of registering the FIR was just to get the vengeance against the accused. Later, the court also observed a 22 days delay in registering the FIR that also raised suspicions on the entire prosecution case.   

Tagged: Justice A K Chawla   Delhi High Court  
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