Because of false complaints, genuine rape victims viewed with jaundiced eye: Bombay HC

  • Kanchan Chaudhari, Hindustan Times, Mumbai
  • Updated: Jan 23, 2016 17:13 IST

Because of false complaints of rape, “genuine victims of rape and sexual assault are viewed with jaundiced eye”, the Bombay high court observed and issued notices to a woman and her mother, asking them why they should not be prosecuted for lodging a false complaint.

Justice Sadhana Jadhav issued notices to the duo after the woman responded to the bail plea of the accused stating she had entered into relationship with the married man on her own and her mother’s statement revealed that the complaint was apparently filed for recovering moneys advanced by the girl to the man.

“This court has come across not less than four cases where at the stage of bail application of the accused, the prosecutrix (rape survivor) would appear in person and submit that the FIR is lodged in a hit of passion or to seek personal vendetta,” said Justice Jadhav. “This would not only be an abuse of law but would be travesty of justice,” the judge said, adding, “No citizen can be allowed to misuse the provisions of law to seek personal vendetta.”

On the basis of the complaint lodged by the survivor, Amboli police station had in February 2015 registered an offence of rape against Vijay Yadav. However, on Tuesday when Yadav’s bail plea came up for hearing, the survivor and her mother appeared before Justice Jadhav.

The survivor said she had continued a physical relationship with him despite knowing about his marital status of her free will. She also said she had no intention of lodging a complaint, but had done so because of pressure from her family.

Her mother, however, said the accused had taken Rs1.70 lakh from her daughter and it was returned by the accused only after registration of the first information report.

On the basis of the statements by the survivor and her mother, Yadav’s counsel sought relief from the court.

 Survivor faces possible punishment

The rape survivor now faces possible punishment, as the high court has called upon the survivor and her mother to show cause, why they should not be prosecuted for fabricating and giving false evidence – offences under sections 192 and 195 of the Indian Penal Code which attract punishment prescribed for the false charge alleged against an innocent person – rape in the case at hand.

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