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Synopsis

The Tis Hazari Court, recently, ordered strict actions against a woman who filed a false rape complaint against an individual. The court emphasized that men also have equal rights under the constitution, and special privileges granted to women should not be ‘wielded as a sword’ to settle personal grievances. 

Additional Sessions Judge Shefali Barnala Tandon highlighted the impact of such complaints; outlining that “This special privilege and woman protecting laws should not be made a sword to settle scores or to satisfy ulterior motives, which is going rampant in the society. Allegations of rape are made on drop of a hat, nowadays for many other reasons as observed by the Courts, day in and day out”. 

During a hearing for the accused's bail application, the court reviewed the case details and noted that an FIR was registered against the man on July 14. However, the next day, the prosecutrix told the magistrate she had voluntarily gone to a hotel with the accused, where they had consensual sexual relations. 

The court emphasized the impact of rape on victims, noting “offence of rape is the most heinous and painful offence because the murderer destroys the physical frame i.e. body of the victim while the rapist destroys the very soul of the victim as well as her body”.

The court observed that after a dispute with the accused, the victim became irritated, called the police, and accused him of rape in a fit of anger. 

“False rape allegations not only destroy life of the man named but also reputation and social standing of is family members at large. Some might lose their jobs after this social stigma”, the court emphasized. 

The court directed the city police to initiate appropriate legal action against the complainant for making a false complaint to the police out of anger and intoxication, which resulted in the man's incarceration for approximately ten days.

“The police are also advised not to act hastily in arresting accused persons in cases where circumstances require initial inquiry or investigation with written justification, as no compensation can adequately indemnify the innocent person for incarceration based on a false complaint”, the court said.

The court ordered that a copy of the directive be sent to the deputy commissioner of police concerned and that a compliance report be filed within ten days. Accordingly, the court granted bail to the man.

For Accused: Advocate Kartik Yadav
For State: Additional Public Prosecutor Ankit Aggarwal 

Case Title: State v Rinku