Following recent judgment of Delhi Sessions Court by Justice Nivedita Anil Sharma about dignity of falsely accused man in a rape case, has been much published in print media, and getting shared on social media too. The judgment has referred to terming such falsely accused men as rape case survivor, a term used first in a judgment by Justice Virender Bhat, again about a rape case in Delhi; probably because Delhi has become the false rape capital of India. At the end of the judgment are passages related to falsely accused in rape cases: 185. It cannot be ignored that the accused due to this case which has ultimately ended in his acquittal, as suffered humiliation, distress and misery besides the expenses of the litigation. His plight may also continue after his acquittal as his … [Read more...] about Delhi Sessions Court raises question about dignity of falsely accused men in rape cases
False Rape
Live-in relation doesn’t give immunity from rape charge: says Delhi HC
In another reminder to Indian men to forget about how law can protect them against a woman’s complaint, the Delhi High court has said that live-in relationship cannot be kept out of purview of rape. Can't keep live-in relations outside purview of rape: Delhi HC "As far as the relief sought, of keeping the live-in relationships outside the purview of Section 376 (rape) of the IPC is concerned, the same would amount to giving the live-in relationships, the status of matrimony and which the legislature has chosen not to do," a bench of chief justice G Rohini and justice Rajiv Sahai Endlaw said. The person who filed PIL has raised many good points, and in fact the need for compensating the falsely rape accused has already been mentioned by Justice Virendar Bhat in one of his judgments. The … [Read more...] about Live-in relation doesn’t give immunity from rape charge: says Delhi HC
Mumbai man acquitted from false rape charge after 21 months in jail
http://www.mumbaimirror.com/mumbai/crime/After-21-months-jail-man-accused-of-raping-minor-acquitted/articleshow/46239290.cms Casual labourer Rahul Chowdhary, 35, was arrested on May 5, 2013 for allegedly raping the 4-year-old who lived nearby. He was arrested by Nalla Sopara police and charged under Section 376 (rape) and Protection of Children Against Sexual Offences Act. The trial began late 2014, and resulted in the first acquittal in Vasai court of a man charged under POCASO. "Sessions Judge S G Mehere acquitted my client for lack of evidence," Chowdhary's lawyer Digambar Desai said. "During in camera proceedings, the girl revealed that her mother tutored her to say she was raped. During medical examination some scratch marks were found near her genitals, but we told court that the … [Read more...] about Mumbai man acquitted from false rape charge after 21 months in jail
Mumbai High court gives anticipatory bail in IPC 376 ‘technical’ rape allegation
http://timesofindia.indiatimes.com/india/Pre-marital-sex-not-shocking-every-breach-of-promise-to-marry-is-not-rape-Bombay-HC/articleshow/45663907.cms The important parts of the judgment which relate to merits of the case are below: Seema, who claimed she was pregnant with Rahul's child, said despite promising to marry her, he had married another girl. Rahul claimed the relationship was consensual, and they could not marry as they belonged to different religions. Rahul and Seema, both lawyers, knew each other since 1999 and had a physical relationship since 2006. Seema claimed he had promised to marry her. In 2009, when he said he could not, she had tried to commit suicide. They continued physical relations even after that. … The HC gave examples of what could be an offence under Section … [Read more...] about Mumbai High court gives anticipatory bail in IPC 376 ‘technical’ rape allegation
False rape by model against Mumbai DIG Sunil Paraskar falls flat
Usually some MRAs feel sense of delight when a false sexual harassment or 498a/DV case gets filed against the godfathers in Indian society: the police, judiciary, politicians etc. The idea being that once these godfathers feel the heat of false cases, they just might do something for the aam-aadmi and mango people of the country. http://timesofindia.indiatimes.com/city/mumbai/Rape-allegation-against-Maharashtra-top-cop-Sunil-Paraskar-is-for-publicity-Models-ex-lawyer/articleshow/39690642.cms MUMBAI: In a new turn to the rape and molestation case against IPS officer Sunil Paraskar, a former lawyer of the alleged victim, a model-turned-actress, has said she never told him about the rape and claimed she brought up the charge to gain publicity to enter a reality show. Below is video on … [Read more...] about False rape by model against Mumbai DIG Sunil Paraskar falls flat
How to safeguard from and punish a false rape complainant
In last few months I have received calls of false rape cases, threats of such case etc for purpose of pressurizing a man into marriage, extortion and so on. There is a false rape/gang-rape news reported almost everyday in the media, a few of which I have already blogged about. I tend to cover those stories where the falsely accused either turned the tables on complainant (and gang), or got acquitted and court gave an order to file case on complainant/police etc. Such news are important so that it can be instructive to others on how to fight back in a false rape case. In this article I attempt to collect information on various false rape stories where the courts have given not just acquittal order but termed the whole case to be malicious, false, motivated etc; and so these can be … [Read more...] about How to safeguard from and punish a false rape complainant