In a recent order dated December 4, Delhi High Court has quashed a #FalseRape Case against an alleged accused man, after the woman complainant admitted to filing the FIR “out of anger’.
In its order, Justice Suresh Kumar Kait accepted the woman’s apology and said,
Since the prosecutrix has made a wrong statement which culminated into the present FIR, therefore she is liable to be prosecuted under the law.
However, she seeks unconditional apology and submits that she is a married woman having two children and her matrimonial life will be destroyed if the present case is sent for trial.
The court noted,
This court is conscious about the dictum of the Supreme Court in terms of seriousness of the case, however, keeping in view the settlement arrived between the parties, this court is inclined to quash the present FIR as no useful purpose would be served in prosecuting the petitioner any further.
You can read Full Court Order at the end of this blog.
This particular order has raised several questions in the mind of common people whether we should pardon a woman for filing false charges in heinous crimes such as rape. Social media users have also raised concern on the pretext set by honourable high court in this judgement, where other women may use it as a precedent to file false case, settle the matter and then submit an affidavit of apology.
You can read all different responses and opinions in the tweet below:
Delhi High Court Quashes #FalseRape Case Against Man After Woman Admits Filing FIR ‘Out Of Anger’
▪️ “She seeks unconditional apology & submits she is married having 2 children, her matrimonial life will be destroyed if present case is sent for trial”https://t.co/WVu2WAv4rz
— Men’s Day Out (@MensDayOutIndia) December 8, 2020
After the article and order has been published by our portal as well as other prominent legal websites, one of our readers has written an open letter to Honourable High Court Judge, expressing his opinion on the same.
10th December, 2020
Mr. Justice Suresh Kumar Kait
Hon’ble Delhi High Court
SUB: Mockery of Indian Judicial System vide judgment dt 04.12.2020 in CRL M.C. 2384 / 2020 titled “Lalit Kumar Vats Vs. State of NCT of Delhi Anr”
I had the distinct misfortune of reading your judgment dt 04.12.2020 in above-mentioned suit, which to my mind makes mockery of Indian judiciary, lowers its prestige, violates the constitution, shakes the confidence of Indian citizens in rule of law and does great disservice to women empowerment.
In the above-mentioned judgment, the court presided by you quashed FIR No. 381 / 2020 for offence punishable under Section 376 IPC (commonly known as rape) on ground of compromise between petitioner & prosecutrix and apology rendered by the prosecutrix for wilful perjury.
The above-judgment does not mention about any of the below-mentioned issues and therefore I presume that no such thought crossed the mind of the court:
A. Has the Indian judiciary given up on even the pretence of search for truth?
The judgment speaks of compromise between a blatantly lying prosecutrix and the accused, but is silent about what sort of a compromise was this, did it involve any monetary (or otherwise) benefits for the prosecutrix? Has there been any such false complaint made by the prosecutrix before? Did the accused have to spend a day or more in jail or police custody?
Who advised and assisted the prosecutrix in filing a false complaint, converting an altercation into a heinous rape case? What was the role of police during filing and 3-month long investigation, did they receive any monetary benefit from the same? The omission of any such details in the judgment can only mean lack of application of mind or routine / ubiquitous nature of such false allegations / cases and in both circumstances paints a very grim picture for the society.
B. Has the Indian Judiciary given up on reclaiming even a modicum of its prestige, wherein perjury has become a way of life worth rewarding!
It is well known that Indian judiciary is going through its worst credibility crisis with terms like, “Judicial barbarism” and “Creeping hues of Weimar Judiciary” being used by well-known writers, however, let me assure you that in the eyes of the common man, it is not due to much publicised cases like CAA-NRC, Habeas Corpus of J&K detainees, Arnab Goswami bail etc, but rather due to above-mentioned judgments, which directly impact the common man’s interaction with the courts.
There was a time when citizens stood in respect in presence of a Judge, now they do it out of compulsion; there was a time when citizens trembled before lying in court, now it’s a way of life; there was a time when perjury was considered a crime which shook the very roots of judicial authority, now judicial authority comes from its misplaced use of powers of contempt; there was a time when judiciary paved the way for morality in society, now immorality is encouraged and abetted by our judiciary!
May all the judges remember that if they themselves don’t respect the institution they work for, nobody else will and if they don’t come down heavily on such blatant acts of perjury, the citizens may be forced to come down heavily on the judiciary.
C. Does Indian Judiciary feel only women are humans worth protecting?
It is extremely unfortunate that the courts do not appreciate the immense trauma and harm to reputation suffered by a man falsely accused of a heinous crime like rape. Let me ask you, why is rape considered a heinous crime… is it because of the physical trauma that raped individual goes through during the crime or is it because of the long-lasting fear, shame and emotional trauma?
What do you think a man falsely accused of rape goes through? I have spoken to men who have gone through the same and they speak of unspeakable nightmares, inability to sleep for days on end, a pervasive sense of shame and fear, massive stress-related physical illnesses including headaches, ulcers, asthma and at least two of them known to me have committed suicide due to the insensitivity shown by the system.
Even after being acquitted, their life is never the same and the least the Hon’ble Court could have done was to hide the name of the “accused” and remove any mention of his name / identity, but rather the court chose to continue to print his name while keeping the name of the prosecutrix, the real culprit, anonymous!
Even a token fine or week long jail time would have at least provided some sense of closure / justice and a message to society that a man’s reputation is not a punching bag but a glass not repaired by a mere apology!
D. Has Indian judiciary gone so blind in its path of woman appeasement that it cannot see the consequences of its own actions?
We keep hearing reference to “Rape Culture”, but what we are now seeing is “Rape Industry”, wherein 52% of rape cases filed are false (Data by Delhi Commission for Women, though real number should be around 78%, as reported by “The Hindu”) actively facilitated and abetted by judgments like the above-mentioned.
An accident on the road, an altercation with the neighbour, a romantic relationship gone sour, a perception of being refused a promotion at work, etc. are all fertile grounds for rape allegation over which the accused has no defence except capitulation to demands or years of judicial tyranny and societal shame.
India is the only country wherein women participation in work-force has actually decreased, due to Alimony / POSH / rape laws which incentivises women not to work. Today, my friends from corporate world are scared to hire women employees, young men are running away from marriage and young girls increasingly feel entitled to fruits of labour without the labour!
It is against all tenets of public policy that the name of the “prosecutrix” has not been made public, thereby encouraging her to happily repeat such false allegations on unsuspecting and ignorant public.
CJI Mr. Ranjan Gogoi was publicly accused of “molestation” by a Supreme Court employee, apparently falsely or he would have been impeached and prosecuted, however, the employee was rewarded by re-instating her. To my mind, this has unleashed a new form of gender-based terrorism which will come back to haunt our society for generations, including children of our “esteemed” judicial officers and, in the words of Martin Neimoller, “there will be no one left to speak out for you”.
Ironically, in conclusion, the conduct of the court has been shocking and blasphemous to say the least, to my mind removing the last traces of trust and faith in the Indian Judiciary’s ability to be “serviceable to the common man”!
About the Author
“I am a common man who chooses to remain Anonymous at this point, however, I truly hope my feedback will be taken in the true spirit that can help not just falsely accused Men, but also several real victims of rape who would be seen with doubt in the future”.
* Views expressed in the letter are author’s own