Women filing false rape cases should be prosecuted: HC


Women filing false rape cases should be prosecuted: HC

Mumbai, Aug 1 (PTI): The Bombay High Court has observed that women, who file rape cases in a fit of rage to fix their partners and later withdraw complaints, should be prosecuted.

Justice Sadhna Jadhav remarked that of late several cases were coming before the High Court in which victims have filed complaints alleging rape and contending that they had entered into relationships after being promised marriage.

In a relationship between consenting adults, sometimes such complaints are filed in the heat of moment and withdrawn later. This has become a trend and sends wrong signal to the society, the judge observed yesterday.

The court cautioned the police to be vigilant and hold an initial inquiry to find out whether the rape complaint was genuine or not, before registering the case.

The judge was hearing an anticipatory bail plea of Divyesh Vala (35), who admitted that he was in relationship with a 42-year-old central excise inspector. He pleaded that he was falsely implicated and the case was causing him harm and agony.

Both of them had met through a social networking site and came close to each other after joining the Art of Living meditation course. The woman alleged that she was raped by Vala, who had promised marriage to her. However, he married another woman and she felt cheated. Hence, she had filed a rape complaint in R A Kidwai Marg police station.

The judge granted anticipatory bail to Vala in the sum of Rs 15,000 and asked him to report to the concerned police station every Sunday until the investigation was over.

The court observed that both the complainant and accused were adults and further noted that the victim, in her complaint, had not disclosed that she had sexual relations with Vala because he had promised to marry her.

The judge said it was not inclined to send Vala in custody because no useful purpose would be served in doing so, except satisfying victim's vendetta.

  

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Comment on this article

  • J.F.D'SOUZA, ATTAVAR,MANGALORE

    Mon, Aug 05 2013

    Definitely most of the cases filed by women are with vengeance. They fabricate false charges to take grudge. They should be punished.

    DisAgree Agree [1] Reply Report Abuse

  • David Dsouza, Mangalore/Bangalore

    Fri, Aug 02 2013

    Misuse of laws by unscrupulous women is becoming the biggest threat to our society today. Women have got so many laws to misuse at their disposal 498A,rape,domestic violence,dowry harrasement,false criminal charge etc. It is sad that men have nothing in their favor to fight these. Even if the false case is dismissed no penalty is given to the initiator of the case.Hence women who want to take vendatta on their husbands,boyfriends,relatives have literally a free hand. God save this country!

    DisAgree Agree [7] Reply Report Abuse

  • R.Bhandarkar, M'lore

    Thu, Aug 01 2013

    Loyola Loyola Pinto Loyola
    Voila Voila
    Kaalen Boiralaa...
    Aisaa Hi Agar Kar Daala....
    Tho Life Jingaa Lala Jingaa Lala!!
    Maathr 18 Zanaan Kithyaa
    Disagree Maarla..??...
    Tumhee Itlo Dees Kaheen Aaslee Yaa??
    Tumchee Masth Garaz Asaa...
    Hangaa Masth Zanaak Kaayen Gothu Naa!!
    (Rehearsal means what? My English weak madam....)

    DisAgree [2] Agree [5] Reply Report Abuse

  • paul dsouza, balakunje

    Thu, Aug 01 2013

    Now a days there are women, taking advantage of mens sincierity. Greed....is the biggest SATAN, when family concerned or within the friends circle or society one should be sincier. False complaints,fake story`s will not last longer. Always there is a bright day after night. What a women...(?)....!

    DisAgree [1] Agree [12] Reply Report Abuse

  • R.Bhandarkar, M'lore

    Thu, Aug 01 2013

    Now Langoolaji...
    TTTT was not my idea.
    You are correct. It came from Kadri, then from Kuwait and then found support in Bejai.
    Remember TTTT means To Thrash Two...Te...cles right? That and all I don't write fully o.k.?
    Now if women do wrong what and how to trash two?? I ask you?
    Bejai Mai says -Keep Iron Rod in appropriate place...
    How do I know which place?? Langoolaji-Do you know?? And Iron Rod should it be hot or cold? These technical things Bejai Mai has not specified...Some research has to be done here I believe..
    If somebody understands something..I am not responsible O.K.? My thinking is always simple... but many people smile at
    my cost or expense..Yes or No?
    Daiji...Here in Image for Display Purpose only...What is woman displaying? Agony after consensus
    rape??

    DisAgree Agree [5] Reply Report Abuse

  • Sanjay, U.P.

    Thu, Aug 01 2013

    Sir/Mam Rosereo Fernandes,why do you not believe I am from U.P. ?

    DisAgree Agree [3] Reply Report Abuse

  • Vinod, Mangalore

    Thu, Aug 01 2013

    Sanjay, U.P
    Having said everthing what you said its better we be safe right.. Its rightly said all guys looking for enjoyment are definitely digging their grav!
    Consented sex can be called rape and it cannot be proved at all..
    So best is to remain Virgin.. and value marriage only...
    Better safe than sorry..

    DisAgree [1] Agree [15] Reply Report Abuse

  • Sanjay, U.P.

    Thu, Aug 01 2013

    If we see ground realities we find 90% of rape cases are false,fabricated,conconated and cooked up to false implicate innocent people to destroy social pristage,to settle personal score,to force to marry,to take revenge,out of jealousy and to extort money.Nowdays an anti-male movement is going through out india by so called women groups,these women groups are vested with indivisual interests.These women groups are making few brutal incident like Nirbhaya and Gudiya their front and we are being too emotional blindly joining rape protests.With the result these women groups got succeed and conspired with government to draft an anti-male law in disguise of anti-rape law,this new anti-rape law is highly gender biased,highly prone to misuse and highly anti-male in nature.With this law thousand innocent people will be convicted.Let's have an eye on few provisions of new anti-rape law.(1)If a girl had sex with boy 20 times willingly and 21st time she say she is raped,it will be considered rape.(2)Moral Character of victim made irrelevent if prostitude had sex with client and later says she is raped,it is rape.(3)If hymen of girl is not torn,it is still rape.(4)The onus to prove absence of consent on accused only in india in this world.It means once victim says she not consented consensual sex is treated as rape.(5)Mere verbal rape allegations is enough to arrest and chargesheet the accused.(6)If women file false rape case there is no punishment for them in this law.(7) Jail term for gangrape increased from 10 yrs Now to 20 yrs,it means a girl can enjoy groupsex and can send boys to jail for 20 yrs by saying in court that she not consented.(8)Mere statement of victim is enough to convict accused,no eyewitness,no medical confirmation of rape required,discripencies will ignored.(8)Two finger test is banned which is only way to find out truth that women sexually active.(9)If there is no injury it is still rape(10)If girl do not resist it is still rape* WAKE UP GUYS ! we are digging our graves by blindly supporting anti-rape protests.

    DisAgree [5] Agree [22] Reply Report Abuse

  • Rosario Fernandes, Kallianpur

    Thu, Aug 01 2013

    Sanjay!! I can't believe you are from U.P.!!!!

    DisAgree Agree [9] Reply Report Abuse

  • vivek baliga, Bangalore/Abohar

    Thu, Aug 01 2013

    Pl implement this for Sec498A also , thousands of families would get relief

    DisAgree [1] Agree [11] Reply Report Abuse

  • vivek baliga, bangalore/abohar

    Thu, Aug 01 2013

    Pl get this implemented for false dowry cases under 498a also, lot of families will get relief

    DisAgree [1] Agree [10] Reply Report Abuse

  • Mohan H Naik, Mangaluru

    Thu, Aug 01 2013

    This will further dilute the fight for justice of rape victims, as this does more harm than good.
    Bonanza verdict for rapist.

    DisAgree [7] Agree [2] Reply Report Abuse

  • Pinto, Mangalore

    Thu, Aug 01 2013

    As per high court order definition of marriage need not be in front of religious, head,registrarar or ritual.
    Just Bed and you are Wed.
    No more saying I Do
    You are married if you say I Did !

    DisAgree Agree [22] Reply Report Abuse

  • Ashok, Mumbai

    Thu, Aug 01 2013

    If married couple do not want live together they have to walk out of the marriage and no complaints shall be entertained. Family courts can counsel them and if not agreed just permit them to separate.

    DisAgree Agree [12] Reply Report Abuse

  • simple, Bangalore

    Thu, Aug 01 2013

    I am very happy with the decision by this judge.
    Lately, this "Rape" word is used so loosely. Having fun and then saying it is rape.

    DisAgree [1] Agree [22] Reply Report Abuse

  • Ahmed, Mangalore

    Thu, Aug 01 2013

    Having a sexual relationship before marriage is not ethical nor Indian tradition even if someone promises to marry the the woman.

    DisAgree [4] Agree [36] Reply Report Abuse

  • Loyola Pinto, Bangalore

    Thu, Aug 01 2013

    Why, there should be a rehearsal in everything. I do not agree with Mr. Ahmed on this point. Both Girl & boy should enjoy themselves when they are young but above 18 years of age. Can you enjoy at the age of 80 ? If a girl and boy want to have fun why should we come in their way ?

    DisAgree [38] Agree [13] Reply Report Abuse

  • Dinesh Poojary, Kundapura/Bengaluru

    Thu, Aug 01 2013

    Very good decision. Now a days Women are taking the advantage of laws which favor them.

    DisAgree [4] Agree [46] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Aug 01 2013

    How do you know....

    DisAgree [6] Agree [4] Reply Report Abuse

  • CONRAD JOHN TAURO, SHIRVA/UDUPI/DUBAI

    Thu, Aug 01 2013

    Naari munidhare maari.

    DisAgree [4] Agree [18] Reply Report Abuse

  • Dinesh Kotian, Mulki

    Thu, Aug 01 2013

    Excellent observation and Judgement. Even the complainant's Advocate should be prosecuted because he is the one who drafts it.

    DisAgree [1] Agree [28] Reply Report Abuse

  • Damodar Bhat, Udupi

    Thu, Aug 01 2013

    The Judgement was delivered by a Lady Bombay High Court Judge !

    DisAgree Agree [26] Reply Report Abuse

  • Edward C Maben, Mangalore/Bangalore

    Thu, Aug 01 2013

    Exactly !!!!! Atlast there is someone who understood how helpless men can become because such false cases!!

    DisAgree Agree [31] Reply Report Abuse

  • juliet mascarenhas, bejai mangalore

    Thu, Aug 01 2013

    Bhandarkar maam,Heeeeeeeelp!
    Rape? By now she must have lost all her shape. What shall we call it.Infatuation,love,craze, lust,marriage for wealth, property,
    jealousy? ? ?..
    The best treatment for such women the Iron rod in the appropriate place.

    DisAgree [7] Agree [21] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Thu, Aug 01 2013

    CRUSH WITH IRON ROD??? HA HAAAAAA

    DisAgree [3] Agree [4] Reply Report Abuse

  • Langoolacharya, Belman/Washington,DC

    Thu, Aug 01 2013

    People,

    Most rape cases reported in Daijiworld fall in this category.

    Bhandumaam and Kadri & Bejai mai's perhaps could shed more light on this and enlighten us like TTTT....

    ...JH...

    DisAgree [2] Agree [19] Reply Report Abuse

  • R.Bhandarkar, M'lore

    Thu, Aug 01 2013

    Choti Billi tho Choti Billi...
    Badi Billi-Subanallah....!
    Yeh to Nikli....
    Yaar- Ckicken Chilli...
    Art of Loving Koi Inse Seekhe!!

    DisAgree [1] Agree [20] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Thu, Aug 01 2013

    Shame on women who file false complaints. They should be punished by law.

    DisAgree Agree [10] Reply Report Abuse

  • Charles D'Mello, Pangala

    Thu, Aug 01 2013

    This rule must not be for women only....Men also...!!!! A person who files any false cases must be punished for life.....!!!????

    DisAgree [3] Agree [21] Reply Report Abuse

  • Pint, Mlore

    Thu, Aug 01 2013

    Any woman who in a fit of anger/revenge tries to fix a man on charges of fixing forceably will be prosecuted.H.C.
    Good news gentlemen,
    Be carefull ladies.

    DisAgree Agree [31] Reply Report Abuse


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