delhi-hc-calls-for-close-scrutiny-of-false-rape-charges

Noting that false rape allegations have far-reaching consequences for not only the victim but also for the accused persons, Delhi High Court recently observed that such allegations inflict lifetime scars on those who are wrongly accused, while calling for a close scrutiny of such cases.

 

Justice Swarana Kanta Sharma observed that a discharge in the case or a few words of sympathy are not enough to undo such harm caused to the wrongly accused.“Loss of reputation, incarceration, social stigma, and psychological trauma suffered by an accused who is ultimately found to have been falsely implicated may leave scars that remain unhealed for a lifetime, just as the violation of dignity and bodily integrity leaves deep and lasting wounds in genuine cases of sexual assault. Such harm cannot be undone merely by an order of discharge or a few words of sympathy,” the Court said.

 

 

The Court noted that such false rape cases also affect genuine victims of sexual assault."When serious allegations are made and then withdrawn without explanation, it weakens public confidence in the process meant to protect victims of sexual violence. The unfortunate result is that women who have truly suffered such crimes may find their voices questioned or their experiences doubted. For this reason, false allegations of sexual offences cannot be treated lightly and must invite careful and firm scrutiny in accordance with law, so that genuine victims are not made to suffer on account of misuse by a few," the Court said.

 

Harm (by false rape cases) can't be undone merely by discharge or a few words of sympathy ... False allegations of sexual offences must invite firm scrutiny so that genuine victims are not made to suffer.The Court made these observations in a case where a woman had initially accused three men of committing gang rape on her after arranging for a meeting on the pretext of arranging a job for her. However, during trial proceedings, she withdrew her statements.

 

The trial court, therefore, discharged all three accused. This was challenged by the Delhi Police before the High Court, which dismissed the appeal on December 15.