Chat request, promise of marriage, meetings... and rape charge: How court came to the rescue of Delhi man
A Delhi court acquitted a man from charges of rape, molestation and criminal intimidation after three years of stigma.
It all began with a chat request on Jeevansathi.com, and somewhere between promises of marriage and casual meetings in Delhi’s Netaji Subhash Place Market, Govind says he stepped into a trap he couldn’t see coming. The prosecutrix, a young woman who said she was looking for a match, later claimed that Govind had sexually assaulted her on multiple occasions, forcing her into silence by threatening to leak intimate photographs.
The allegations were serious and police moved quickly and Govind was detained from his Rohini home even before a formal FIR was filed.
But the court found glaring holes – no obscene photos were ever recovered from Govind’s phone, no eyewitnesses saw anything amiss in a bustling market, no CCTV footage put him at her flat the day she said she was raped.
The court while questioning the testimony of the woman noted, “In the instant case, the prosecutrix is the star witness of prosecution and entire State’s case hangs upon her testimony. However, it is evident from record that her testimony is not only marred with contradictions but the same is inherently inconsistent, tainted and full of concoctions to say the least.”
“The testimony of prosecutrix herein is not of sterling quality for the reasons as discussed above. Rather, it is clear that prosecutrix made a false statement before this court after concocting a mendacious story of rape/molestation,” reads the order while acquitting Govind from all the charges.
“However, in my view an acquittal simplicitor 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. Though in the instant case, the gravel has fallen in favour of 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 order stated.
While ordering perjury proceedings, Additional Sessions Judge Anuj Agarwal said, “Further, the false rape accusations (like the case herein) not only puts unnecessary load on the overflowing dockets but also causes grave injustice to actual rape victims as it impinges upon precious judicial time and scarce State’s resource. They say that An oath is a sacred obligation, a calling of God to witness the truth of what is said. Since it is evident from record that the prosecutrix lied under Oath thereby destroying the trust on which Justice stands, therefore let a complaint under section 379 Bharatiya Nagrik Suraksha Sanhita [BNSS](corresponding to section 340 CrPC) for offences of perjury as punishable under section 229/231 Bharatiya Nyaya Sanhita [BNS] (corresponding to section 193/195 IPC) be sent against her.”
The court also questioned the haste by the police for arresting the man and said that were in “cahoot’’ with prosecutrix so that they could extort money from accused, cannot be brushed aside lightly and directed that order be sent to Police Commissioner of Delhi for necessary action.
India