False rape cases not only tend to trivialise the offence but also "play havoc with the crime statistics" and "consume the precious time of police and judiciary", a Delhi court has said.
Expressing displeasure over misuse of the law, the court also ordered the lodging of a complaint against a woman who filed false rape case against two men.
Additional Sessions Judge Virender Bhat, in his recent order, expressed concern over the rise in false rape cases and said the "time has come" curb this tendency by directing the "prosecution and punishment of the women making patently false allegations of rape to settle personal scores".
"These kind of false rape cases not only tend to trivialize the offense of rape itself but also play havoc with the crime statistics and consume the precious time of police as well as courts," the court said.
The remarks came while acquitting rape accused Vikash Tyagi and Manish Yadav.
According to prosecution, the duo, on May 15, 2014, took the victim to a factory in Vishwas Nagar in a car and offered her a cold drink mixed with alcohol. The
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intoxicated woman was then raped.
The woman lodged a complaint against them in Dwarka south police station. The police then arrested the duo, who were later granted bail.
"In the instant case, the two accused have been made to suffer incarceration in jail for about 15 days and also to face trial on the patently false accusation of
intoxication and rape by the prosecutrix," the court said in its Nov 11 order.
The court referred the case as a "classic example of misuse of provisions of rape" and directed its staff to submit a proper complaint in this regard to the Chief
Metropolitan Magistrate, Dwarka.
The court said that from the deposition of the victim, it is abundantly clear that she had made a false complaint of intoxication, gang rape and physical assault against the two men as she wanted to teach them a lesson as they had refused to drop her at her residence when she was heavily drunk.
The court observed that the "rape accused are looked down upon in the society" and knowing that well, the woman leveled false charges against them.
It also opined that "rape being the most hated crime in society, men accused of this heinous offence are ostracized from the society".
Taking strong note of the rising false rape cases, the court said these cause "intense miseries and humiliation" to the accused and their plight continues even after their acquittal from the court as nobody takes note of the acquittal".
"They are treated as rape convicts even during the trial of the case. It is very difficult, nay impossible, to restore the lost honour and dignity of a rape accused after his acquittal from the court," it remarked.
The rape accused, against whom false cases are registered are "never compensated for
the emotional distress, humiliation and pecuniary damage" suffered by them, the judge said.
"I think that it is high time that courts should shoulder some kind of responsibility and duty towards the persons who are made to face the trial for false rape charges," the court said.
( can be contacted on amiya.k@ians.in)