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Cases of sexual offence: Wild allegations being treated as gospel truth in FIRs causing injustice: HC
The bench also said, “This court is finding that genuine cases of such (rape under the pretext of marriage) sexual offences are now exceptional. The general rule is of false implication in cases of sexual offences.”
PRAYAGRAJ In an important observation, a bench of the Allahabad high court has said that “treating all wild allegations in FIRs as gospel truth without keeping an eye on the ground realities is causing a lot of injustice”.
The bench also said, “This court is finding that genuine cases of such (rape under the pretext of marriage) sexual offences are now exceptional. The general rule is of false implication in cases of sexual offences.”
On July 27, Justice Siddharth allowed the bail plea of one Vivek Kumar Maurya, who is accused of rape. As per the prosecution, the alleged rape victim, a resident of Varanasi, was forced into a physical relationship with the applicant for about one year on the false promise of marriage.
At the time, she was a BSc first year student. The bail applicant would allegedly skirt the question of marriage every time the woman raised the issue. On May 3, 2019, the applicant took the victim to Delhi at his aunt’s home and later to various other places, including Lucknow and Mughalsarai, and after a few months, he allegedly left her in an injured condition near her house. An FIR was registered in this regard on March 9, 2020.
While the ‘victim’ has herself acknowledged that she was 19 when the alleged incident took place, the applicant was booked under sections of Pocso Act, which is reserved for offences against minors.
Besides, the applicant has admitted that she had an affair with the applicant for one year. She even left her house to go to Delhi with the man of her own will. There, she entered into a physical relationship with the applicant with consent. However, her family members came after her and took her back.
“She was confined by her parents against her wishes. This led to a dispute between the families of the man and the woman. An FIR was lodged subsequently,” argued the applicant’s counsel.
After hearing the concerned parties, Justice Siddharth said, “Implication in case of sexual offence is a sure shot way of punishment before trial. Bails are normally not granted easily and early. In cases where implication is made under Pocso Act, the situation becomes worse.”
In its observation, the HC bench said, “Incarceration of the accused in jail for a few months or for years is certain. Training of judicial officers in their training institute is still in line with the old concept of bail in cases of sexual offences. Treating wild allegations in FIRs as gospel truth without keeping eye on the ground realities is causing lots of injustice.”
The court, while granting the bail, observed, “The conduct of the prosecutrix of repeatedly eloping from her parental home with applicant and going to Delhi, Lucknow, Mughalsarai and to the places of relatives of the applicant shows that she was a consenting party all through.”
