Tag Archives: false rape

Girl who had #Sex & #Lived for 4 years with a #married man of same village, cannot cry #rape later !!

MP HC

Whether girl maintaining sexual relation with married person can claim that she was raped on promise of marriage?

Thus, from the statement of the prosecutrix and her parents it is found that the prosecutrix and accused were in love and having relationship for the last four years. During this period the prosecutrix had physical relations with the accused. She lived with the accused in his house openly for long time.

9. Prosecutrix and accused are residents of same village. Accused was living with his wife and children in his house. Prosecutrix in cross-examination para 14 admitted that she had visited the house of accused and met his mother and wife also. The statement of prosecutrix that the accused had introduced his wife to her as maid servant, does not inspire confidence. It is not possible that in the same village, where prosecutrix and accused are living since birth, prosecutrix could not get information of the fact that the accused was a married person having children. During four years ofrelationship, it is not stated by the prosecution witnesses when prosecutrix or her parents asked the accused or his parents for marriage of prosecutrix with the accused. There is not even a whisper that they approached the respondent or his family members for marrying the prosecutrix. If prosecutrix was having relationship with the accused on promise of marriage, then it would be natural for her to make demand of performance of marriage within reasonable time. For four years not making any demand for marriage is not natural. Thus the conduct of the prosecutrix creates doubt on her evidence.

10. The finding of the trial Court in the present case is correct that the prosecutrix was aware that the respondent was already married person. It is not proved that accused had concealed the fact of his marriage from prosecutrix. The prosecutrix made sexual relations with the respondent/accused knowingly that he was a married person. It is not believable that the accused gave a false promise to marry her and persuaded her to make sexual relationship with him. It is also not proved that consent of prosecutrix has been obtained by misrepresentation and misconception of facts. Prosecutrix is a major woman, competent to giveconsent as per her will. For the offence of rape, it is necessary to prove beyond reasonable doubt that the sexual intercourse was committed against her will or without her consent.

 

HIGH COURT OF MADHYA PRADESH, JABALPUR

Misc. Criminal Case No.22431 of 2015
State of Madhya Pradesh
Vs
Gulab Chand Kahar
Present : Hon. Shri Justice S.K.Gangele
Hon. Shri Justice Anurag Shrivastava

O R D E R

(8.3.2017)

  1. 1. Being aggrieved by the judgment of acquittal dated 14.05.2015, passed by Special Sessions Judge, SC/ST (Prevention of Atrocities) Act, 1988, Anuppur, in Special Case No.66/2013, whereby the respondent/accused has been acquitted of the offences under Sections 376(2)(n), 506(Part-2) of IPC and section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, this petition for grant of leave to appeal under Section 378(3) of Cr.P.C., has been preferred by State.
  2. 2. The case of prosecution in brief is that on 10.8.2013 the prosecutrix lodged a report in police station Ajak, Anuppur stating that about four years ago when prosecutrix was sitting in the backyard of her house, the respondent/accused came there and forcefully took her to nearby field and committed rape on her without her consent. She tried to make a hue and cry, but was silenced by the accused by threatening her and also by making her believe that he would marry her. Even after this incident, he had sexual relations with her on more than one occasion for last four years on the pretext of marriage. Some days before lodging of report, when prosecutrix repeatedly made demand for marriage, the respondent denied to marry her. Prosecutrix came to know that the respondent was already married and had children. Thereafter, the prosecutrix lodged the complaint before police as stated above.
  3. 3. On complaint of prosecutrix a FIR Ex.P-1 has been recorded and an offence under section 376(2)(n), 506(Part-2) of IPC and section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been registered against the respondent and after usual investigation a charge-sheet has been filed in the Court. The trial Court framed the charges under section 376(2)(n), 506(Part-2) of IPC and section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the respondent, he abjured guilt. After recording of evidence the trial Court passed the impugned judgment and acquitted the respondent on the ground that the prosecutrix is a consenting party and no offence has been found proved beyond reasonable doubt against the respondent.
  4. 4. It is argued by learned counsel for the petitioner/State that from the statement of prosecutrix, it is proved that the accused had committed rape and thereafter had sexual intercourse with the prosecutrix on several occasions during last four years on the false pretext of marriage. The respondent/accused was already married having children. The consent of the prosecutrix was obtained on false representation and promise. Therefore the trial Court had wrongly acquitted the accused treating the prosecutrix as consenting party. The findings of the trial Court are erroneous, arrived at on wrong appreciation of evidence and liable to be set aside. Thus, the leave to appeal may be granted.
  5. 5. Considering the arguments of learned counsel for State and on perusal of record, it appears that the main allegation against the accused is that he obtained the consent of prosecutrix on false representation that he intends to marry her. Therefore, this aspect of case whether the prosecutrix has made relations with the accused on her free will or whether her consent was obtained on false representation has to be considered.
  6. 6. In the case of Deelip Singh Vs. State of Bihar [(2005) 1 SCC 88] Hon’ble Apex Court while defining the consent under section 90 of IPC in para 12 and 14 observed that : “Section 90 IPC, though, does not define “consent”, but describes what is not consent. It says that a consent is not such a consent as is intended by IPC (Sections 375 and 376 IPC in this case) if it is given under a misconception of fact. A misrepresentation as regards the intention of the person seeking consent i.e. the accused, could give rise to the misconception of fact. The consent given pursuant to a false representation that the accused intends to marry, could be regarded as consent given under misconception of fact. But a promise to marry without anything more will not give rise to “misconception of fact” within the meaning of Section 90 IPC.”
  7. 7. The prosecutrix lodged the report after four years of the first instance of alleged rape. From the statement of prosecutrix P.W.1 and eye witness P.W.5, it appears that on the same day, when accused committed rape on prosecutrix first time, this fact was brought into the notice of mother of prosecutrix, but no report of this incident had been lodged to police. Prosecutrix (P.W.1) in her statement admits that she had relations with the accused/respondent for the last four years, because the accused had made a promise to marry her. The parents of the prosecutrix P.W.6 (mother) and P.W.11 (father) also admitted this fact and stated that they knew that the prosecutrix and accused had sexual relations. Prosecutrix (P.W.1) in cross-examination para 14 has admitted that her relationship with the accused was known to everybody in the village and when village community objected to it and outcasted her, she had started living with the accused.
  8. 8. Thus, from the statement of the prosecutrix and her parents it is found that the prosecutrix and accused were in love and having relationship for the last four years. During this period the prosecutrix had physical relations with the accused. She lived with the accused in his house openly for long time.
  9. 9. Prosecutrix and accused are residents of same village. Accused was living with his wife and children in his house. Prosecutrix in cross-examination para 14 admitted that she had visited the house of accused and met his mother and wife also. The statement of prosecutrix that the accused had introduced his wife to her as maid servant, does not inspire confidence. It is not possible that in the same village, where prosecutrix and accused are living since birth, prosecutrix could not get information of the fact that the accused was a married person having children. During four years of relationship, it is not stated by the prosecution witnesses when prosecutrix or her parents asked the accused or his parents for marriage of prosecutrix with the accused. There is not even a whisper that they approached the respondent or his family members for marrying the prosecutrix. If prosecutrix was having relationship with the accused on promise of marriage, then it would be natural for her to make demand of performance of marriage within reasonable time. For four years not making any demand for marriage is not natural. Thus the conduct of the prosecutrix creates doubt on her evidence.
  10. 10. The finding of the trial Court in the present case is correct that the prosecutrix was aware that the respondent was already married person.It is not proved that accused had concealed the fact of his marriage from prosecutrix. The prosecutrix made sexual relations with the respondent/accused knowingly that he was a married person. It is not believable that the accused gave a false promise to marry her and persuaded her to make sexual relationship with him. It is also not proved that consent of prosecutrix has been obtained by misrepresentation and misconception of facts. Prosecutrix is a major woman, competent to give consent as per her will. For the offence of rape, it is necessary to prove beyond reasonable doubt that the sexual intercourse was committed against her will or without her consent.
  11. 11. Therefore, the trial Court has rightly held the respondent not guilty of the alleged offence of rape. Thus there is no substance in this appeal.
  12. 12. Consequently, the prayer for leave to appeal is dismissed.

(S.K.GANGELE) (ANURAG SHRIVASTAVA)

JUDGE JUDGE

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28-year-old acquitted of false rape charges 18 months later… #FakeRape #YouthLost #Defamation

‘Mom forced me to frame papa on rape charge’ – Times of India

Mom forced me to frame papa on rape charge’

NEW DELHI: Fact can, indeed, turn out to be stranger than fiction. Check out this real-life story.

A man was sentenced to five years’ rigorous imprisonment by a lower court for raping his daughter. The high court found holes in the prosecution story and acquitted him.

The case moved to the Supreme Court and the apex court said such a crime couldn’t go unpunished, awarding the accused a life term.

And now the daughter, on whose complaint the father is in prison, has confessed in a sworn affidavit that her dad was innocent.

She said she had framed him at the instance of her mother whose relationship with her father was strained. This bizarre casesenior lawyers say they’ve not heard of a more weird twist to a casehas raised several questions.

What happens to the punishment given by the SC now that its very basis has been dissolved? Will the daughter and the mother now be punished for misleading the court and tormenting the man?

How common is abuse of the law in shocking cases like rape and dowry? How rigorous is police investigation into such complaints? The story is that of Asha Ram, about whose alleged crime an anguished Supreme Court had expressed outrage, saying he had destroyed “one of the most sacred relations”.

Only last week it had awarded him a life term, setting aside a Himachal Pradesh high court judgment which had disbelieved the prosecution story and had acquitted him.

Wife may get away lightly

In the West, perjury, that is, lying on oath before a court, is considered a serious crime. Millionaire author Jeffrey Archer was punished with a jail term of one year and a fine of 1,75,000 pounds in the UK.

But it is doubtful if Asha Ram’s wife, accused by her own daughter in an affidavit of forcing her to level rape charges against her father, will face as stiff a penalty as Archer, because in India the punishment is not severe.
— Read on m.timesofindia.com/india/Mom-forced-me-to-frame-papa-on-rape-charge/amp_articleshow/1307752.cms

Father forces daughter to file rape on Lover – husband and his sister !!

A great father who did NOT like his future daughter in law is said to have forced / coerced his daughter to file a false rape case on her own lover husband as the father did NOT approve of their Arya Samaj marriage. Not only did they file a rape case on the poor fella, they also added abetment on his sister !!. Now both accused are acquitted by the courts ! of course there is NO punishment for the father or the false rape case filing girl !!

Screenshot - 22_06_2016 , 13_08_23

11 months Jail for a FALSE rape case AFTER girl eloped. Falsity apparent says Allahabad HC & grants bail

  • Girl seems to have voluntarily eloped with the boy
  • however, claiming that the girl is only 16 years old a rape case is filed and the boy incarcerated since 08. July 2015 !! (approx 11 months)
  • Court notices and states the following “…. allegation of rape against the applicant but the same has not been corroborated by any medical evidence and surrounding circumstances is totally belies the prosecution case as well as statement under Section 164 Cr.P.C. Her medical report does not show any mark of injury, violence or sexual assault. He further submits that it is not a case of taking away or enticing away the prosecutrix as from a perusal of her statement under Section 164 Cr.P.C., it is apparent that she has voluntarily eloped with the applicant. The applicant has no criminal history. The applicant is in jail since 8.7.2015. The falsity of the case is apparent from the fact that the Nana and Baba of the applicant have also been implicated in the present case….”

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Court No. – 4

Case :- BAIL No. – 4796 of 2016

Applicant :- Vimlesh Katheriya

Opposite Party :- State Of U.P.

Counsel for Applicant :- Jairam Bharti
Counsel for Opposite Party :- Govt. Advocate

Hon’ble Ramesh Sinha,J.

Heard Sri Jairam Bharti, learned counsel for the applicant and Ms. Sushma Shukla, learned A.G.A. appearing for the State.

It is submitted by learned counsel for the applicant that as per medical opinion, prosecutrix is 16 years. The law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the prosecutrix being major cannot be ruled out. Although, she has made an allegation of rape against the applicant but the same has not been corroborated by any medical evidence and surrounding circumstances is totally belies the prosecution case as well as statement under Section 164 Cr.P.C. Her medical report does not show any mark of injury, violence or sexual assault. He further submits that it is not a case of taking away or enticing away the prosecutrix as from a perusal of her statement under Section 164 Cr.P.C., it is apparent that she has voluntarily eloped with the applicant. The applicant has no criminal history. The applicant is in jail since 8.7.2015. The falsity of the case is apparent from the fact that the Nana and Baba of the applicant have also been implicated in the present case.

Learned A.G.A. opposed the prayer for bail.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

Let the applicant Vimlesh Katheriya involved in Case Crime No. 587 of 2015 under sections 323, 342, 363, 376 I.P.C. and 3/4 POCSO Act, police station Mishrikh, District Sitapur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

Order Date :- 14.6.2016

shiraz

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