Allahabad HC Grants Bail to Rape Accused, Cites Increase in False Allegations
The Allahabad High Court has observed that false accusations in sexual offence cases are increasing. While granting bail to two men accused of rape, the court noted that Indian society has changed significantly over time.
Court’s Observation on False Implications in Sexual Offences
Justice Krishan Pahal referred to the Supreme Court’s judgment in Bharwada Bhoginbhai Hirjibhai v. State of Gujarat, which stated that in earlier times, it was unlikely for a woman to falsely accuse someone of rape due to societal stigma. However, the Allahabad High Court noted that times have changed, and false implications are now being reported more frequently.
The case involved a rape allegation in Varanasi in 2019. The FIR was filed in Meerut on August 5, 2019, under the Indian Penal Code (IPC) Sections 376D (gang rape), 342 (wrongful confinement), and 506 (criminal intimidation).
Defense’s Argument: False Implication of the Accused
The counsel for the accused argued that:
- A medical examination of the survivor at the District Hospital in Varanasi found no physical injuries to support the rape allegations.
- The accused were allegedly falsely implicated because they questioned the illegal activities of the survivor and her associates at an ashram.
- New witnesses were introduced by the prosecution, which the defense claimed was not legally admissible.
- The FIR was lodged in Meerut instead of Varanasi after over a month, indicating malicious intent.
- The accused had been associated with Chandra Mohan, a godman, but later exposed his alleged illegal activities, which led to internal conflicts among his disciples.
Prosecution’s Stand: Seriousness of the Crime
The State opposed the bail applications, arguing that:
- The accused committed a grave crime and should not be granted bail.
- False rape accusations are rare in Indian society due to the stigma attached to sexual offences.
- The delay in lodging the FIR was justified, as victims often hesitate due to social pressure.
- The survivor’s statement is strong evidence, and no additional proof is required to support it.
- The claim that the godman Chandra Mohan was behind the allegations was an attempt to mislead the court.
Court’s Final Decision
After reviewing the case facts, available evidence, and the stage of the trial, the High Court ruled in favor of granting bail to the accused. The court determined that a case for bail was made out and allowed the applications.
Key Takeaways from the Judgment
- The court acknowledged the rise in false sexual offence allegations in recent years.
- It emphasized that society has changed significantly since older legal precedents were set.
- The lack of medical evidence and delay in filing the FIR raised doubts about the case.
- The court decided to grant bail to the accused, considering the overall circumstances.
The ruling highlights the judiciary’s evolving approach to sexual offence cases, balancing victims’ rights while also addressing concerns about false allegations.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
