HindustanTimes Sun,26 Oct 2014

Court concerned over misuse of rape laws

HT Correspondent, Hindustan Times  New Delhi, March 29, 2013
First Published: 00:42 IST(29/3/2013) | Last Updated: 00:44 IST(29/3/2013)

Raising concern over the misuse of rape laws, a city court has acquitted four members of a family accused of confining and raping a woman, who was being actually used by her husband to settle personal scores.


Terming it as a “classic illustration of misuse of rape laws”, the court stressed the need to remain “vigilant” in “differentiating” between false and genuine rape cases so that no innocent person is convicted.

Additional sessions judge Virender Bhat said the alleged victim’s husband had misused rape laws by using her as a “pawn” to settle personal scores.

Directing the police to be careful while differentiating a false case and a genuine case, the judge said the abuse of rape laws should not be encouraged and innocent people should be not be convicted.

Acquitting Delhi residents Sikander, his brother Shailender and their parents Harender Mehto and Sushila, the judge said: “...this case is a classic illustration of misuse of rape-related laws. The husband of the prosecutrix, in order to settle scores with the accused, used her as an arrow or pawn and slapped an utterly false criminal case upon the accused.”

According to the defence counsel of the accused, Sikander and his family members were facing trial on allegations levelled by a woman, one of their relatives. She had claimed she was confined and gang-raped by the two brothers who also tried to sell her.

“It is becoming very difficult for the courts to differentiate the genuine rape cases from the false ones. The cases like the present one create a well-founded belief among the public as well as the judiciary that the rape-related laws are misused with impunity,” the judge said.

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