Delhi court orders FIR against woman, her father in false rape case charges

Acquitting the man and his family members, the court noted that the prosecution miserably failed to prove the commission of alleged offences

A Delhi court has ordered filing of a first information report (FIR) against a woman and her father for filing false charges of gangrape, cruelty and wrongful confinement against her husband and his family members.

The court also noted that the woman and her father showed scant regard to their duty to depose truth. (Representative file image)

“Rape is a heinous crime which is required to be dealt strictly but simultaneously false allegations qua rape are also required to be dealt firmly since these allegations cause huge humiliation to the accused and have potential to isolate the concerned, including his family and near ones, from society”, said additional sessions judge Aanchal in a recent order.

The court by its order passed on May 9 acquitted the husband, charged under sections 498A (cruelty by husband or relative of husband), 342 (wrongful confinement), 323 (hurt), 406 (criminal breach of trust), 506 (criminal intimidation) and 34 (acts done by several persons in furtherance of common intention) along with the father-in-law and sister-in-law who were additionally charged under section 376D (gang rape) of IPC.

It further directed the police to file a detailed report of the investigation before the metropolitan magistrate preferably within three months.

Acquitting the man and his family members, the court noted that the prosecution miserably failed to prove the commission of alleged offences.

It added that the complaint filed, by the father of the woman, against the three accused presented distorted and imaginary facts to make the accused persons agree to her terms.

Thereafter when further matrimonial discord arose, she owned the false facts and deposed falsely.

“The entire system worked believing the woman the most and valuing her statement at par that of injured witness, but the woman and her father seem to have exploited even the liberal interpretation and evaluation of evidence”, the court lamented.

The court also noted that the woman, who was a law student and had graduated by the time trial took place, and her father, who was an advocate by profession, showed scant regard to their duty to depose truth and kept on making stories.

“Their act is not what could be called simpliciter exaggeration but the same is what will definitely fall within the purview of an illegal act and is an offence of making false charge of offence punishable with imprisonment extending to life”, court further added.

The order was passed by the court in a case where FIR was filed in 2014 based on a complaint made by the father of the woman alleging that the accused husband along with the father-in-law and sister-in-law demanded dowry and used to beat and torture her for it.

The woman had also levelled allegations of gang rape against the father-in-law and sister-in-law.