Delhi Court orders complaint against woman who filed false rape case to extort money
The court referred to the lines of American criminal defense attorney F. Lee Bailey, 'In court, the truth is often lost in the process. The oath is meant to protect it, but men lie, even under God.'
'The above adage squarely applies to the case herein, as we would see while I pen out this judgment,' the court said at the outset.
Additional Sessions Judge (ASJ) Anuj Agrawal acquitted the accused and ordered a complaint against the woman for perjury for making false statements before the court.
The court said, ' An acquittal would not serve the interest of justice, as the law must not only punish the guilty but also protect the dignity of an innocent.'
' It is evident from the record that the prosecutrix lied under oath, destroying the trust on which justice stands,' ASJ Agarwal pointed out in the judgment passed on July 2.
He directed to send a complaint against her for offences of perjury be sent to the court of the Chief Judicial Magistrate (Central).
As per the prosecution, the woman and the accused met on a matrimonial website in 2021. The accused started chatting with her. It was alleged that the accused met her first time in September 2021 and sexually molested her in his car. He allegedly took her nude pics with his mobile. Upon her protest, the accused promised to marry her and also promised to delete her photographs in the next meeting.
It was also alleged that accused met her on her flat in October 14, 2021 where he committed forced vaginal and anal intercourse with her. He again took pics of her.
Ironically, these photos were not recovered during forensic examination from the mobile phone of the accused.
The court observed that her testimony is not only marred by contradictions but is inherently inconsistent, tainted, and full of concoctions.
' False rape accusations not only put unnecessary load on the overflowing dockets but also cause grave injustice to actual rape victims,' ASJ said in the judgement.
After investigation police filed a charge sheet and stated that the woman had filed 4 cases of rape against other persons also.
The judge said that an acquittal simpliciter would not subserve the interest of justice as the Law must not only punish the guilty- it must also protect the dignity of an innocent.
' The gravel has fallen in favour of the accused, but the echo of accusation lingers for society remembers the charge and not the verdict as in our social milieu, a false accusation of rape/sexual assault, leaves an indelible impression upon the social psyche which no judicial imprimatur can remove,' the court said.
The court also noted that the accused was arrested even before registration of the FIR. A police official and investigation officer were in regular contact with the prosecutrix even before the registration of the FIR.
' It is clear that the personal liberty of the accused was curtailed (amounting to arrest in the eyes of law) the moment he was detained from his house by police officials,' the judge said.
The judge pointed out that a police official had telephonic conversations with her 16-17 times between September 18 to October 24, 2021.
The court said that the contention of the defence that concerned police officials were in 'cahoots'' with the prosecutrix so that they could extort money from the accused, cannot be brushed aside lightly.
However, any action on this count is left to the Administrative discretion of a worthy Commissioner of Delhi Police who may, in his wisdom, look into the matter and take appropriate remedial action so that the cherished motto of Delhi Police Force 'shanti, seva, nyay' does not get belied, the court said in the judgement. (ANI)
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