Thursday, August 1, 2013

INDIA - Women filing false rape cases should be prosecuted: Bombay HC

Rape cardOriginal Article


Mumbai - The Bombay High Court has observed that women, who file rape cases in a fit of rage to fix their partners and later withdraw complaints, should be prosecuted.

Justice Sadhna Jadhav remarked that of late several cases were coming before the High Court in which victims have filed complaints alleging rape and contending that they had entered into relationships after being promised marriage.

In a relationship between consenting adults, sometimes such complaints are filed in the heat of moment and withdrawn later. This has become a trend and sends wrong signal to the society, the judge observed on Wednesday.

The court cautioned the police to be vigilant and hold an initial inquiry to find out whether the rape complaint was genuine or not, before registering the case.

The judge was hearing an anticipatory bail plea of [name withheld] (35), who admitted that he was in relationship with a 42-year-old central excise inspector. He pleaded that he was falsely implicated and the case was causing him harm and agony.

Both of them had met through a social networking site and came close to each other after joining the Art of Living meditation course. The woman alleged that she was raped by [name withheld], who had promised marriage to her. However, he married another woman and she felt cheated. Hence, she had filed a rape complaint in R A Kidwai Marg police station.

The judge granted anticipatory bail to [name withheld] in the sum of Rs 15,000 and asked him to report to the concerned police station every Sunday until the investigation was over.

The court observed that both the complainant and accused were adults and further noted that the victim, in her complaint, had not disclosed that she had sexual relations with [name withheld] because he had promised to marry her.

The judge said it was not inclined to send [name withheld] in custody because no useful purpose would be served in doing so, except satisfying victim's vendetta.

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