False complaints lead to unfortunate doubts on women who truly suffer from sexual crimes: Delhi High Court

The Delhi High Court has noted that a false complaint of a sexual offence does not end with harm to the person falsely accused alone.

"Such cases gradually create doubt and hesitation in the minds of people at large, where even a genuine complaint of sexual assault may begin to be viewed with suspicion. When serious allegations are made and then withdrawn without explanation, it weakens public confidence in the process meant to protect victims of sexual violence.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," a bench of Justice Swarana Kanta Sharma has said.

The High Court has further observed that 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, it had highlighted.

High Court made these observations while dismissing a petition moved by the State impugning an order vide which the Additional Sessions Judge, Karkardooma Court, Delhi had discharged all the accused persons for the commission of offences punishable under Sections 328/376 of the Indian Penal Code, 1860.

It noted that a significant and material development occurred in the instant case when the statement of the prosecutrix was recorded under Section 164 of the Cr.P.C. wherein she had completely resiled from her earlier allegations and stated, in categorical terms that she was acquainted with accused and that the physical relationship between them was consensual. "This Court cannot lose sight of the legal significance of a statement recorded under Section 164 of Cr.P.C. Such a statement is recorded by a Magistrate after due compliance with the statutory safeguards, including satisfying the Court that the statement is being made voluntarily, without any threat, inducement, or coercion...", the High Court said.

Justice Sharma said that the subsequent complete reversal of the prosecutrix's version, without any allegation of compulsion or external pressure, raised serious concerns which cannot be ignored by a constitutional court as allegations of rape have far-reaching consequences not only for the alleged victim but also for the accused persons and their families. The judge has said that it cannot be overlooked that the prosecutrix was a married and mature woman, who was able to immediately approach the police, articulate detailed allegations, and narrate the alleged incident with specificity to both the investigating agency and the medical professional.

Court further found that, at no stage did the prosecutrix allege that her earlier statements made to the police or to the medical officer were given under any threat, pressure, or coercion. No explanation was offered as to why such grave allegations of gang rape were initially levelled and subsequently withdrawn in their entirety.

"The duty of the Court is to ensure a fair trial, and fairness in criminal jurisprudence does not mean justice to the victim alone, but justice to all parties who stand before the Court. In the present case, the conduct of the prosecutrix, as emerging from her voluntary statement under Section 164 of Cr.P.C., prima facie indicates false implication of the accused persons, which itself calls for serious scrutiny in accordance with law. Such scrutiny is also necessary to ensure that genuine cases of sexual violence do not suffer dilution or attract unwarranted scepticism on account of instances where grave allegations are made and subsequently withdrawn without explanation", the bench added.

Case Title: THE STATE OF GNCT OF DELHI versus TOSHIB ALIAS PARITOSH & ORS.