Allahabad High Court Grants Bail to Rape Accused, Notes Rise in False Implications
The Allahabad High Court recently granted bail to two men accused of raping a woman in Varanasi in 2019, noting a rise in false accusations in sexual offence cases. Justice Krishan Pahal referred to the Supreme Court’s ruling in Bharwada Bhoginbhai Hirjibhai v. State of Gujarat, highlighting that Indian society has changed significantly since that judgment was made four decades ago.
The case originated from an FIR filed in Meerut on August 5, 2019, under Sections 376-D (gang rape), 342 (wrongful confinement), and 506 (criminal intimidation) of the Indian Penal Code (IPC). The accused’s counsel argued that a medical examination of the survivor showed no internal or external injuries, challenging the prosecution’s allegations.
The defense claimed that the accusations were false and arose because the accused had questioned illegal activities at the Ashram associated with the survivor and other activists. They argued that the prosecution’s new witnesses and affidavits were inadmissible and alleged that Chandra Mohan, a godman, influenced the filing of FIRs against dissenting disciples of the ‘Janeu Kranti Abhiyan.’
The accused, who had lived with Chandra Mohan since 2018, stated that they later realized his illegal activities and posted critical messages on a WhatsApp group, leading to protests and division among his disciples. They also pointed out that the FIR was lodged in Meerut over a month after the incident, suggesting malicious intent.
On the other hand, the State opposed the bail, arguing that the accused committed a heinous act and that false rape accusations are rare in Indian society. They emphasized that the survivor’s statement required no corroboration and claimed that the story involving Chandra Mohan was fabricated to evade severe charges.
After reviewing the evidence and considering that the trial was nearing its conclusion, the court determined that the accused had presented a case for bail. Consequently, the bail applications were approved.
This case underscores the complexities involved in sexual offence allegations and the evolving societal attitudes towards such relationships and accusations.
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