A recent judgment by Supreme Court to prosecute police for filing false rape case is probably a first, going by the trouble the innocent man was put through both at trial court and high court level in not allowing his application to prosecute the woman sub-inspector. Would the trial/high court of Tamil Nadu have allowed the prosecution if the sub-inspector was a man rather than woman? We don’t know. But SC has taken the right stand. First a bare reading of Section 195 of IPC below Update 05-05-2017: Full judgment at http://bharatlaw.in/doc/AVh96B2-dGcup1PUfxaI Section 195 of IPC Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.—Whoever gives or fabricates false evidence intending thereby to … [Read more...] about Prosecute police for false rape case under IPC 195: Supreme Court
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Perjury: IPC 191, 193: suo moto cognizance by supreme court
Summary: Advocate gone crazy makes patently false statement about age of Chief Justice of India, Supreme Court initiates suo motu perjury proceedings against the advocate gone crazy. The judgment is mainly useful to understand some of the important sections of IPC used to initiate a complaint under perjury. The full judgment text is given later. Important excerpts are given below about Sec 191 and 193 of IPC: We are satisfied that such a statement supported by an affricative of the respondent was known to him to be false which he believed to be false and/or atleast did not believe to be true. It is not disputed that an affidavit is evidence within the meaning of Section 191 of the Indian Penal Code and a person swearing to a false affidavit is guilty of perjury punishable under … [Read more...] about Perjury: IPC 191, 193: suo moto cognizance by supreme court
False rape accuser and lawyer accomplice get caught in own net
According to this recent news in TOI, earlier this month, accused Rekha Rajak, 33, lodged a complaint with Mahila police station that she was raped by Ram Nivas Sharma, 69, head of Brahma Kumaris' ashram, resident of Thatipur area in Gwalior. It is said sometimes that love does not see any boundaries of age; we can’t say if that is true but it is quite clear that accusing 69 year old man of rape by 33 year old woman is perfectly legit because false rape accusation does not see boundaries of age! Further excerpt from the news below: She told police that she was exploited for long and then raped by the accused during her three-month stay at the ashram. The extortion angle came up in the case when Sharma, who has been accused by the women of committing rape, lodged a counter … [Read more...] about False rape accuser and lawyer accomplice get caught in own net
Power of 51% men’s vote in 2014 Lok Sabha elections
There is ample amount of coverage happening about Tata’s Jaago Re campaign about PowerOf49, i.e., Power of 49% Indian women voters. Here I dissect the points in their manifesto, and then go onto explain why men who constitute the of 51% of voters have the real responsibility of saving Indian democracy from the same mistakes made in the West. Key Highlights of the Power of 49 Manifesto Politicians must lead by example by displaying zero tolerance for perpetrators of domestic abuse and dowry in political parties Address the under representation of women in the parliament through increased representation in party ticket distribution as well as cabinet Make gender sensitisation for boys a compulsory part of the school curriculum from Std. V to XII in order to counter eve-teasing … [Read more...] about Power of 51% men’s vote in 2014 Lok Sabha elections
Man always pays up in sexual relation, else let’s call it rape
This professor started a love affair with his student, had a physical relationship with her and promised to marry her. And when it came to marrying her, he ran away saying that his family members were not ready. But 16 years after the love affair ended, law has finally caught up with the medico of a premier dental college in Indore. Banglore high court directed him this week to shell out Rs 22 lakh to the woman as compensation. Dr K V Nanjunda Swamy had an affair with a student he met in a dental college in Sullia (Karnataka) in 1998. The relationship between the professor, who was a lecturer then, and the first year student, went on for five years. However, when they were ready to marry each other in 2002, his family did not agree as they belonged to different castes. Full story is … [Read more...] about Man always pays up in sexual relation, else let’s call it rape
Husband gets divorce based on false IPC 498a complaint
This is not a first time event that a husband was granted divorce on grounds of cruelty due to filing of false complaint under IPC 498a. But it is a welcome step that the courts which do not take up perjury complaints easily at least are giving some relief for aggrieved parties on the receiving end of false complaints. Update 27 Nov 2014: Read latest SC judgment/news about false 498a as ground for divorce to husband (however proving false case is main issue) http://timesofindia.indiatimes.com/city/mumbai/Filing-false-case-against-in-laws-is-cruelty-HC/articleshow/5823233.cms MUMBAI: Filing a false criminal case against the husband and in-laws for harassment amounts to cruelty and is ground for divorce, the Bombay high court. "Humiliation... that is caused on account of arrest and … [Read more...] about Husband gets divorce based on false IPC 498a complaint