The Allahabad High Court recently observed that false accusations in sexual offence cases are increasing. This statement came while granting bail to two men accused of raping a woman in Varanasi in 2019.
Justice Krishan Pahal referenced the Supreme Court’s ruling in Bharwada Bhoginbhai Hirjibhai v. State of Gujarat, which highlighted that, historically, Indian society stigmatizes women who falsely accuse someone of sexual assault. However, the High Court noted that Indian society has significantly changed since the ruling, implying that false allegations are more frequent now.
The FIR was filed in Meerut on August 5, 2019, against the accused under Sections 376-D (group sexual assault), 342 (wrongful confinement), and 506 (criminal intimidation) of the Indian Penal Code (IPC).
The defense counsel argued that the medical examination of the woman at a Varanasi hospital did not reveal any physical injuries to support the rape allegations. They further claimed that the woman falsely implicated the accused because they questioned the illegal activities of the Ashram where she was involved. New witnesses introduced by the prosecution were also challenged by the defense as inadmissible.
The defense linked the case to Chandra Mohan, a godman who was allegedly responsible for lodging false FIRs against disciples protesting his activities. The accused had reportedly revolted against Chandra Mohan’s illegal acts, leading to a split within his followers. The defense also pointed out the delay in filing the FIR, suggesting malicious intent.
In contrast, the prosecution strongly opposed the bail, asserting that the accused had committed a serious crime, and it was unlikely for a woman to falsely accuse someone of rape in Indian society. They also argued that sexual assault cases are often delayed due to societal pressures and shame.
Despite these arguments, the court, after reviewing the evidence and circumstances, granted bail to the accused, as the trial was nearing its conclusion.
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