This post has been written by Mamta Kumari, a law student of Banasthali Vidyapith.
FALSE ACCUSATION OF RAPE
False allegation of offences is not new in our society as well as false charges of rape are prevailing so much by women and also by their family members on their behalf. False accusation of rape means when a person is accused of false charges or rape. It is a condition when any men who has not committed the offence of rape is still charged for it. In today’s scenario more than 50% of rape cases are falsely filed by the women and regarding this various research have been conducted so as to know the reason of these false rape allegations.
Complaints of false rape allegations are generally filed out of revenge or to get sympathy and not only revenge is a factor but other motive are also present like complaint can be filed out of material or emotional gains as they are the predominant factor for charging falsely.
In some case women do not willfully agree to alleges the commission of fake rape and they are compelled by their family members, relatives, close friends out of their greediness and for gaining other benefits likes to extort money. In Radhu v. State of Madhya Pradesh (2007), the court held that false allegation of rape is rare and even the instance where the parents force their obedient daughters to make false rape allegations to take revenge or extort money or from getting rid of their financial liability are also rare.
Apart from involuntary act of women or personal grudges one more reason can be there for false accusation of rape i.e. women or family on behalf of a girls are bribed for making allegations upon men for getting more financial advantage.
Unmarried man and woman in any kind of love or physical relations if get engage in fight because of which their relationship is at risk of ending, in such situation also woman for coming under marital relation falsely alleges man of committing crime of rape. To hide or cover-up their own fault or crime like leading adulterous life with a man other then her husband also put false charges.
Some women are habitual of making different tactics to get monetary benefits or in other words to extort money also tries to make false charges of rape apart from fraud and theft so that out of fear of imprisonment or long judicial proceedings men fulfill their demands.
RAPE CASES WHERE CHILD IS TUTORED BY PARENTS
Some time it happens that a girl child alleges commission of rape and in this situation it is not worth full to rely upon the testimony on child witness but when it is proved by the scrutiny of evidences and the court comes to the conclusion that an impression of truth is present, then in such condition the child as a witness can be accepted.
In Atendra Yadav v. State Govt. of NCT of Delhi (2010), false rape case is filed by the child where mother influenced her daughter for taking revenge from her husband. In this case it was held that a court cannot neglect the fact that the prosecutrix in this case is a child and the child can be easily swayed away and are more prone to tutoring.
Further the court is of opinion that the court before coming to any conclusion should scrutinize the corroborative evidences so as to know whether child is playing in the hands or dictation of any family member as due to which false rape implication are made.
It Hari Om v. State of NCT of Delhi(2010) the supreme Court held that in this case also the prosecutrix is a girl of just 8-9 years and she can be persuaded by their parents either to take revenges or to extract money and can be tutored by the parents while giving the false rape statements.
CONSEQUENCES OF FALSE ACCUSATION OF RAPE
- Mental effect– The allegation of rape is not a small thing for a person as it cannot be forgotten at all and creates havoc in the life of person against whom a false allegation is made. It lays heavy impact upon the mind of the accused due to which it is very difficult for him to come out of such trauma and shock. When a person is mentally affected it leads to isolation and self hatredness. This condition is not only with the person upon whom the charge is made but also on the wife (if any), family member and close ones who are also affected.
- Suicides– Some of men also commit a serious act like suicide or hurting themselves. As people think they are no more able to survive in society and decides to end up there life so that their family can live with dignity in their absence. Some due to the fear of conviction try to finish their life on their own rather than to go behind bars for a long time.
- Loss of Honour and dignity– False allegation of rape affects the reputation and society judge them as a proved criminal, which lead to the loss of honour and dignity of a person. It also causes defamation and injure the good societal status of the accused. It also results in distress and humiliation and even after the acquittal by the court people see them with bad character. The case of rape not only harm the dignity of the accused but also of the women who alleges it. In Jagmohini v. State (NCT of Delhi) (2013) the victim made a false rape case and also alleges an attempt of carnal intercourse without caring about her own honour and dignity.
- Unnecessary detention– Whenever allegation of rape is made against a person, police at first hand arrest the accused as it is the serious offence. But in false accusation of rape, is get arrested would leads to the unlawful detention or unnecessarily a person is sent behind bars.
- Miscarriage of justice– The principle of natural justice should be followed in every aspect of justice administration. False and c allegation and conviction would be no more than a miscarriage of justice.
- Violation of legislative intent– Legislature enact law for the welfare of people and for the proper justice administration so that victim can be provided with remedy and wrong can be convicted. In context with the offence of rape, the legislative intent is always to punish the rapist but when the charge of rape is made falsely upon the person who is innocent and is not liable to be punished for the offence which he has not committed is always against the intention of legislature.
- Misuse of law– Laws are made for society so that justice can be granted to the one who is in need, but some uses the law for there taking revenge or misuse them for the loss of others. These fake rape cases are no more than the misuse of law.
With the passage of time number of fake rape cases are also increasing where some innocents are convicted and some are acquitted, but this conviction or acquittal is only making the difference on the detention of a person as when they are proved innocent are set free. The only point which is common in both is that, it fixes its permanent impression on persons mind which in turn affects the mental state of a person and cannot be substituted even by the monetary compensation. The lost of reputation, honour, dignity and the status of the person against whom the false charges are made cannot be restored easily and the only solution is to provide them financial stability.
Image from here