The Allahabad High Court recently granted bail to two men accused of raping a woman in Varanasi in 2019, stating that false allegations in sexual offence cases are rising in India.
Justice Krishan Pahal, while hearing the case, referred to the old Supreme Court ruling in Bharwada Bhoginbhai Hirjibhai v. State of Gujarat, which said that Indian women usually don’t falsely accuse someone of sexual assault because of the social stigma. However, the judge noted that Indian society has changed significantly in the past 40 years.
The FIR was filed on August 5, 2019, in Meerut under Sections 376-D (gang rape in hospital), 342 (wrongful confinement), and 506 (criminal intimidation) of the Indian Penal Code (IPC).
The accused men’s lawyers argued that the woman’s medical report showed no injuries, and that they were falsely implicated after questioning illegal activities in the Ashram where the survivor was involved. They said that the FIR was delayed and wrongly filed in Meerut instead of Varanasi.
The accused claimed they were once followers of Chandra Mohan, a spiritual leader, but distanced themselves after discovering his wrongdoings. They had reportedly spoken out in WhatsApp groups, which led to a division among his followers.
The survivor, who is the National President of Janeu Kranti Abhiyan, allegedly filed the FIR out of revenge, the defense claimed. They also argued that some prosecution witnesses were added later and not valid under law.
The State opposed the bail, saying that the accused committed a serious crime and that women rarely make false rape accusations due to the social stigma. They also stated that the victim’s delay in reporting was natural due to mental trauma and societal pressure.
Despite the State’s objections, the Court reviewed the evidence, ongoing trial, and circumstances, and ruled that the accused had shown sufficient grounds for bail. The bail applications were approved.
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