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 …[Continue Reading]
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 …[Continue Reading]
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 …[Continue Reading]
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. … …[Continue Reading]
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 …[Continue Reading]
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 …[Continue Reading]
Prosecute police for false rape case under IPC 195: Supreme Court
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 …[Continue Reading]
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 …[Continue Reading]
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 …[Continue Reading]
How police makes false rape cases
Delhi HC judge S N Dhingra does some plain speaking on how police convert incidents of young men and women ‘eloping’ together into rape cases against the men. Some social injustice in the name of social norms! http://news.oneindia.in/2010/06/17/delhi-hc-slams-police-over-honour-killing-cases.html New Delhi, Jun 17: In the wake of alarming and growing number of honour killing cases, the Delhi High Court has come down heavily upon the police for failing to protect people. Referring to a massive hunt launched by the police in Mar 2010 to find Delhi police Commissioner’s dog, that went missing, the court remarked, “You can search the entire city …[Continue Reading]
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