False allegations of rape cannot be made to settle personal scores, they must be dealt with with an iron fist: HC

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New Delhi, Aug 17 (PTI) Delhi High Court has said false allegations of assault and rape cannot be made in the blink of an eye to settle personal scores and must be dealt with with an iron fist .

Judge Subramonium Prasad, who was hearing a request for annulment of an FIR alleging the commission of a rape offense based on a compromise between the parties, said that in addition to causing a waste of time judicial and time spent by the police in the investigation, false allegations of rape can destroy the life and the career of the accused.

The accused in a bogus rape case loses his honor, cannot face his family and is stigmatized for life. Allegations of offenses such as ICC Article 376 cannot be made downward – in order to settle personal scores, the judge said in his Aug. 16 order.

Observing that there was an alarming increase in false cases of rape and offenses purely to force the accused, the court ruled that people who make such false allegations of rape cannot be allowed to come out unharmed.

False allegations and allegations relating to cases of abuse and rape must be treated with an iron fist due to the seriousness of the offenses. Such disputes are brought by unscrupulous litigants in the hope that the other party will capitulate out of fear or shame at their demands. Unless the wrongdoers were not forced to face the consequences of their actions, it would be difficult to prevent such futile litigation, the judge noted.

The court added that the problem of false allegations can be solved, or at least minimized, to some extent, if exemplary fees are imposed on litigants to initiate futile litigation.

While refusing to quash the FIR in the present case, the tribunal said that even if it did not comment on the merits of the allegations, if the allegations were found not to be true, action should be taken. be taken against the prosecutor and others who were instrumental.

She noted that the parties involved in the present case had initiated cross proceedings against each other for offenses under Article 376 ICC.

The court also said that canceling the FIR for offenses such as rape on the basis of compromise would encourage the accused to put pressure on the victims and open the door for the accused to commit a heinous crime that does not can be authorized. PTI ADS RKS RKS

Disclaimer: – This story was not edited by Outlook staff and is auto-generated from news agency feeds. Source: PTI

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