Allegations of Character Assassination Deemed Irrelevant; Upholds Victim's Right to Dignity and Privacy
In a significant ruling, the Allahabad High Court has dismissed the criminal appeal filed by Bechan Prasad, challenging the cognizance order and charge-sheet in a rape case lodged against him. The judgment, delivered by Justice Anil Kumar-X, reiterates the legal protection afforded to victims of sexual offences under Article 21 of the Constitution, emphasizing that any allegations attacking the character and dignity of a woman are irrelevant and prohibited under Indian law.
The case stems from an FIR filed on May 28, 2022, by the victim, who alleged that she was raped by the appellant after being sedated at his clinic. The victim, who was pregnant at the time of lodging the FIR, claimed that the pregnancy resulted from the alleged rape. The charge-sheet was filed under Section 376 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Justice Anil Kumar-X underscored that the affidavits presented by the appellant, which contained scandalous allegations attacking the victim's character, were inadmissible as they did not form part of the investigation record. The Court emphasized that such allegations amount to character assassination and violate the victim's right to dignity and privacy under Article 21. The judgment also criticized the conduct of the appellant's counsel for relying on extraneous material and warned against such practices in legal advocacy.
The Court highlighted that the victim's statements under Sections 161 and 164 of the Criminal Procedure Code consistently supported the prosecution's case, dismissing any claims of delay in lodging the FIR as irrelevant at the stage of cognizance. The judgment further clarified that the affidavits were not considered in previous proceedings, contradicting the appellant's assertions.
The ruling marks a reaffirmation of the legal position that a woman's past conduct or character cannot be used to discredit her or undermine her legal rights. The appeal was deemed meritless, and the trial will proceed as per law, with the charge-sheet and cognizance order upheld.
Bottom Line:
The past conduct or character of a woman cannot be used to discredit her or defeat her legal rights. Any allegations attacking the character and dignity of a woman are contrary to settled law and violate her right to dignity and privacy under Article 21 of the Constitution of India.
Statutory provision(s): Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 14A, Indian Penal Code, 1860 Section 376, Indian Evidence Act, 1872 Section 53A and proviso to Section 146, Criminal Procedure Code, 1973 Sections 161 and 164
Bechan Prasad v. State of U.P., (Allahabad) : Law Finder Doc id # 2849092
