Skip to main content

Legal opinion on false accusation of rape

                                  SHORT NOTE ON LEGAL OPINION

   TOPIC- FALSE ACCUSATION OF RAPE UNDER SECTION 375 OF IPC 


FACTS:

Ram Bahadur is a college boy & preparing UPSC examination. He has fallen in love with his girlfriend Usha. Usha is a medical student, Usha  used to love Ram Bahadur. Both used to visit each other & had established physical relations several times during the last one year. However, after Ram Bahadur qualified IAS examination refused to marry Usha Citing that Usha is of a backward caste for which parents are not ready. Usha filed a rape case against Ram Bahadur. 


LEGAL ISSUE:

How can Ram Bahadur manage get out of Rape Accusation filed by Usha.


BACKGROUND:

A Delhi commission of Women report shows that 53.2% of the rape case filed b/w April 2013 and July 2014 in the capital were found false. This report draw the attention of the population that how the law used as an instrument of harassment or oppression. In order to take control and stop women filing false Rape cases, distinction between Rape & Consensual sex is crucial. 


LEGAL ASPECTS:

Rape is a heinous crime against Women under Section 375 of IPC, 1860. Rape has been defined as certain sexual acts when committed on a victim under seven condition are as follow:

  • Against her will,

  • Without her consent,

  • With her consent, when consent has been obtained under the fear of death or hurt,

  • When consent has been given by the victim in the misconception of facts,

  • When consent is given when she is of unsound mind or intoxicated and unable to understand the nature of consequences of her consenting,

  • When she is not in position to communicate the consent,

  • When her consent has been obtained under 18 year of age


In the contrary, Consensual sex is established with the consent of two adults and not consider as a crime.


JUDGEMENTS:

In the case of Uday V. State of Karnataka (2003) inference drawn by Supreme Court that there is no hard & fast rule to determine whether a sexual relationship is a case of heinous crime of rape  or mere consensual sex with valid consent of 2 adults. It is primarily based on Judicial opinion. 

In the case of Deelip Singh alias Dilip Kumar V. State of Bihar (2005) Supreme Court held that woman had taken conscious decision with active application of her mind giving consent to the Man for having sexual relationship which is not amounting to Rape. At best it is a case of breach of promise to marry & accused is prima Facie accountable for damages under civil law. 

In the case of Deepak Gulati V. State of Haryana (2013) Supreme Court held that physical relation between parties clearly developed with the consent of woman. She neither resisted nor complaint since the beginning of the relation but when the differences created between them she decided to sue the man for the case of rape which is consider as abuse of law. A far as promise to marry concern man was willing to marry woman which indicates that there is no mala fide intention to satisfy his lust but ability to marry is beyond his control.

In the case of Shivshankar V. State of Karnataka (2018) Supreme Court held that man & woman are in mutual relationship since 8 years. During the course of physical relationship woman never resist or raise complaint which indicate that physical relationship developed b/w the parties with consent. The court will Examine whether a man makes promise to marry with bona fide intention or just to satisfy his lust. 

PROVISION FOR SAFEGUARDING INTREST OF JUSTICE:


In order to safeguard the interest of Justice, there is a provision in section 482 under CrPC. Under the provision High Court has power to quash FIR of false rape case based on defences mention in the FIR. Make sure that before approaching High Court under Section 482 of CrPC, woman should be above 18 years of age otherwise your appeal would be quashed.

In the Case of Haryana V. Bhajan Lal & others (1992) High Court issued 7 guidelines under section 482 of CrPC to Quash FIRs

In the case of Karnataka V. M Devendrappa & another (2002) laid down condition in the section 482 of CrPC should be satisfied to quash FIRs

In the case of Vineet Kumar V. State of U.P. (2017) court held that the purpose of section 482 of CrPC is for the advancement of justice and no abuse of law, judicial process cannot be allowed to convert into instrument of oppression or Harassment.

In the case of Dr. Dhruvaram Murlidhar Sonar  V. State of Maharashtra (2018) Court held that there is no mala fide intention to create physical relationship. Doctor already disclosed the fact that he is married and up to divorce. The widow nurse had taken conscious decision with active application of mind to consenting physical relation with Doctor. There is a distinction between breach of promise & not fulfilling a false promise. The accused is not liable for Rape under Section 375 of IPC.

In the case of Pramod Suryabhan Pawar V. state of Maharashtra (2019) Supreme Court held that there is distinction between Rape & Consensual Sex. As far as case concern, man & woman in a physical relationship without any resistance and multiple cohabitation, woman aware about the fact that there is a caste barrier which does not allow them the marry, still they continue to have physical relations for long period of time without resistance. When difference creates between parties woman decided to sue man for the case of Rape. Consider the fact of the case, it is clearly visible that the physical relation created with the valid consent of man & women which resulted into consensual sex not amounting to Rape.

Supreme Court also held that promise to marry should not have mala fide intention to satisfy lust and immediate relevance of the men promise to marry have no nexus to women decision to encourage sexual act. 


OPINION:

Ram Bahadur & Usha established physical relation with valid consent of each other. There is no resistance on the part of Usha since the beginning of the relation & she never raise any alarm for Rape accusation. They both aware of the fact the caste differences may not allow them to marry or continue there relation for lifetime. But when differences creates between the parties Usha Decided to sue Ram Bahadur for the offence of Rape. 

In my opinion, Ram Bahadur & Usha had consented to sex which resulted in Consensual sex not an offence of Rape. Ram Bahadur should approach High Court under section 482 of CrPC and honorable High Court Should Quash the FIR in order to discourage such abuse of law and mislead the Judiciary by creating false case. 


Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti