New Delhi, Jan 1 The Delhi High Court has said that the false implication of a person in rape allegations leaves unhealed scars on the accused for a lifetime and holds far-reaching consequences for both the alleged victim and the accused.
Justice Swarana Kanta Sharma was hearing a revision petition filed by the Delhi Police challenging the trial court's order in which it discharged all accused persons after the victim retracted from her previous statement alleging rape.
In an order dated December 15, the court said, "Loss of reputation, incarceration, social stigma and psychological trauma suffered by an accused who is ultimately found to have been falsely implicated may leave scars that remain unhealed for a lifetime, just as the violation of dignity and bodily integrity leaves deep and lasting wounds in genuine cases of sexual assault."
The court said that the complete reversal of the victim's statement without any external pressure cannot be ignored.
"The subsequent complete reversal of her version, without any allegation of compulsion or external pressure, raises serious concerns which cannot be ignored by a constitutional court. This is so because allegations of rape have far-reaching consequences not only for the alleged victim but also for the accused persons and their families," the court said.
It said that such false complaints create doubt and hesitation in the minds of people at large and genuine ones are then viewed with suspicion.
"When serious allegations are made and then withdrawn without explanation, it weakens public confidence in the process meant to protect victims of sexual violence. The unfortunate result is that women who have truly suffered such crimes may find their voices questioned or their experiences doubted," the judge said.
The judge said that the false allegations of sexual offences cannot be treated lightly and must invite careful and firm scrutiny in accordance with the law, so that genuine victims are not made to suffer on account of misuse by a few people.
The judge was hearing the case in which three men were accused by a woman of raping her under the pretext of a job but she retracted her statement during the trial.
She admitted that she was not forced by the accused and was willingly in a relationship with one of the accused persons.
The court also noted the misuse of the compensation schemes in the cases of sexual assault which are meant to provide immediate assistance and said these schemes should be claimed in good faith.
"If interim compensation disbursed in cases where allegations are subsequently withdrawn or found to be false is routinely allowed to remain unrecovered, it may not only result in misuse of public funds but may also dilute the credibility and sustainability of schemes meant to support genuine victims of sexual violence," the court said.
State of GNCT of Delhi v. Toshib Alias Paritosh, (Delhi) : Law Finder Doc Id # 2825333
