Genuine Sexual Offence Case Has Become Exception; Women Lodge False FIRs after Establishing Long Physical Relationship: Allahabad High Court
Introduction
Rape is an accusation that is easy to make but hard to be proved, and even harder to be defended by the party accused. A rape allegation gives a disastrous turn to the life of the accused, ostracizing them socially and in many cases, ruining their business life and source of revenue. Rape is a menace and it takes a lot of guts for a woman to speak about the awful incidence. But are all rape cases true? Or they are being filed with false claims to gain some undue advantage or to take revenge; etc.
Vivek Kumar Maurya vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 237 [CRIMINAL MISC. BAIL APPLICATION No. – 23551 of 2023]: Case Analysis
Facts in brief
Vivek Kr. Maurya who was an accused in the instant matter was booked under Sections 363, 366, 376, 323, 504, 506, 354, 354-A of the India Penal Code (for short IPC) and under Sections 3/ 4 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act).
He filed a bail application before the High Court of Allahabad with a prayer to release him on bail, under Sections 363, 366, 376, 323, 504, 506, 354, 354-A IPC and ¾ of the POCSO Act, during pendency of trial. There are allegations of abduction of minor girl with intent to marry, commission of offence of rape, beating, threatening, and outraging her modesty, sexual harassment and penetrative sexual assault against the accused.
It was further alleged that he compelled the minor girl to establish a physical relationship with his cousin also and when she raised alarm, the accused and his cousin abused the girl and beaten her.
Arguments of Counsel for accused
It was argued by the Counsel of the accused that the girl is a major and she had an affair with the accused for past one year. That in the statement of the prosecutrix recorded u/s 164 of the CrPC, she herself has claimed that she is aged about 19 years and student of B.Sc. Part-I. Therefore implication of the applicant under section 3/4 POCSO Act was falsely made by the police.
That the girl has willingly left her house and she went to the house of the accused’s aunt and established a physical relationship with the accused with her own free consent.
That the accused and the girl got married, however the girl was taken away by her parents without her consent. That a dispute arose between their parents, the prosecutrix lodged a false FIR against the accused.
Observations of the Court
The Court noted that the FIR in the instant case had been lodged on the basis of false allegations and incorrect facts. That the allegations against the accused person are false and not genuine.
The High Court of Allahabad observed that genuine cases of such sexual offences has now become an exception as women have the “upper hand” regarding protection of the law, it was noted that women “easily succeed” in implicating a boy or man in false sexual cases.
It was noted by the High Court that a huge number of cases are being filed in the Court by women and girls. That they are taking undue advantage of laws and lodge false FIRs based on false allegation after getting indulged in long physical relationships with the man they accuse for sexual harassment. That after a period of time when they realize that their relationship is not working the women file false FIR against men to trap them in false cases.
As the laws are not gender neutral in India and there are no laws for the men pertaining to sexual offences and hence the laws are being misused by women. It has been noticed by the Court in India time and again that there are very few genuine sexual offence cases that are being filed. The traditional presumption of innocence has given way to an untimely loss of innocence resulting in unforeseen deviant behaviour of adolescents which was never contemplated earlier. Law is dynamic concept and it needs re-look in such matters very drastically.
That the prosecutrix did not support the allegations made in the FIR in her statement recorded u/s 164 of the Criminal Procedure Code (for short CrPC) and the allegation with regard to the offences committed by cousin of the accused was missing in her statement.
It was further noted by the Court that the marriage of the girl with the accused was registered, and there was no divorce or judicial separation between them. That the FIRs are being lodged based on false complaints that are drafted by experts who are head clerk in the police station. The experts hold awareness pertaining to each and every provisions of penal laws. The allegations against the accused person are incorporated in such a manner that they should not get bail easily in the matter.
A cursory glance at the FIR is sufficient for the court to throw the file, without any application of mind after seeing a case of sexual harassment against a girl. The Court added that an FIR written honestly is short, precise and is shorn of unnecessary and false allegation. This is the test of a genuine FIR.
That the FIR is written in such a manner where the allegations are broadly highlighted against the accused person. The roles of the accused with whom the prosecutrix has grievance are so meticulously mentioned in the FIR that even the most experienced of the judges falter.
That the District Court find it hazardous to grant bail in matters that are of serious and meticulously nature. Considering the serious and grave allegations against the accused, the bail is not granted to them.
Conduct of prosecutrix
The conduct of the prosecutrix was taken into account by the High Court, wherein the Court noted that her conduct to elope from her parental home again and again with the accused and going to several places shows her free will and consent. It was noted by the Court that both the parties had entered into a court marriage, and this falsify the allegations of the prosecution against the accused.
Decision of the Court
The Single Judge of the Allahabad High Court granted bail to the accused named Vivek Kumar Maurya. He was an accused of committing sexual harassment and penetrative sexual assault to a minor girl by making false promises to marry her.
The High Court deemed the case fit to grant bail to the accused and released him on bail on certain conditions. The Court directed the accused to furnish a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Conclusion
The Court opined that considering the allegations mentioned in FIR as gospel truth without considering the ground realities by the Judicial officers leading to a “lot of injustice” to men who are being trapped in false allegations by women. It was added by the Court that “The time has come that courts should be very cautious in considering such bail applications. The law is heavily biased against males. It is very easy to make any wild allegations in FIR and implicate anyone on such allegations.”
The Court was of the view that “culture of openness” is spreading through social media platforms, further movies, TV shows, are also creating cultural openness amongst mass. That such cultural openness is being imitated by adolescent/young boys and girls. That the behaviour of young generation comes in conflict with the societal and family norms in India.
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