The rape that wasn’t: Complainant in spot

Saurabh Malik

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Tribune News Service

Chandigarh, April 19

Flooded with complaints of rape, the court of Rewari Additional Sessions Judge Major Phalit Sharma had no inkling that the tide would eventually turn against the complainant when it took up trial for final disposal.

Finding that the prosecutrix was in the habit of launching false prosecution and the rape story was nothing but false, Judge Sharma ordered her prosecution for “her act of misusing law to falsely implicate the accused for reasons best known to her”.

Judge Sharma noticed that the woman had levelled allegations of rape thrice against different persons. The allegations were either found to be false during investigation or trial.

Judge Sharma asserted that the court would fail in its duty if punitive action was not taken against such a complainant, in the habit of lodging false complaint of rape.

Elaborating, Judge Sharma asserted that his special court to deal with crime against women had not only been constituted to give speedy justice to rape victims, but also to ensure “no one by misusing law succeeds in victimising an innocent person by levelling allegations of rape”.

Judge Sharma added that the complainant had created a baseless story of repeated rapes by the accused-cop in her house “without an iota of evidence — oral, medical and circumstantial — to prove her allegations”.

The case against Jyoti Parsad for rape and trespass was registered under Sections 376 and 452 of the IPC at the woman’s police station, Rewari.

Claiming innocence, the accused had deposed that the prosecutrix was in the habit of levelling false allegation of rape, theft and kidnap before compromising the matter after extorting money.

She was in the habit of launching false prosecution against her known, including husband, his relatives and a person with whom she had been staying for almost two years, before turning hostile, Judge Sharma noted.

“Chastity of a woman is the most precious diamond she has and to protect the same she can go to any extent. Considering this gospel truth, our legislature created the offence of rape as one of the severest. However, unfortunately, there has been misuse of this stringent provision by disgruntled elements of society like the one under consideration,” Judge Sharma stated.

Acquitting the accused, Judge Sharma observed that the accused had to face public humiliation and mental harassment.