Delhi Court Orders Perjury Complaint Against Woman For Filing False Rape Case To Extort Money

A Delhi Court yesterday ordered filing of a complaint against a woman for filing a false rape case against a man, whom she met on a matrimonial website, in order to extort money from him.

While acquitting the accused in the case, ASJ Anuj Agrawal of Tis Hazari Courts said that an acquittal simplicitor would not subserve the interest of justice as the law must not only punish the guilty, but it must also protect the dignity of an innocent.

“Though in the instant case, the gravel has fallen in favour of accused but the echo of accusation lingers for society remembers the charge and not the verdict as in our social milieu, a false accusation (of rape/sexual assault) leaves an indelible impression upon the social psyche which no judicial imprimatur can remove,” the judge said.

The Court observed that false rape accusations not only put unnecessary load on the overflowing dockets but also causes grave injustice to actual rape victims as it impinges upon precious judicial time and scarce State's resource.

Noting that the prosecutrix lied under Oath thereby destroying the trust on which Justice stands, the Court ordered filing of complaint against her for the offences of perjury.

The prosecutrix had alleged that accused started chatting with her through profile on matrimonial website and when he met her for the first time in his car, he sexually molested her and prepared her nude photographs. It was her case that on her protest, the accused promised to marry her and also promised to delete her photographs in next meeting. As per the FIR, the accused committed vaginal and anal intercourse with her in another meeting.

Acquitting the accused, the judge observed that the testimony of prosecutrix herein was not of sterling quality and that she made a false statement before the court after concocting a mendacious story of rape or molestation.

“In my view, the said circumstances, if seen cumulatively, unerringly lead to only one irresistible conclusion that it was a case wherein victim entrapped accused in a pre-planned manner on the pretext of matrimonial alliance so as to extort money from him,” the Court said.

The judge said that he was at pains to observe that the arrest of accused in the case was carried out in a tearing hurry by Investigating Agency without any justifiable reasons and that too even prior to registration of FIR, which was evident from the testimony of an SI and IO.

The Court observed that though feeble attempts were made to justify the manner of arrest of accused by terming it as mere 'detention' but his personal liberty was curtailed the moment he was detained from his house by police officials.

Further, the judge noted that the SI was in constant contact with prosecutrix much prior to registration of FIR and had telephonic conversation with her on 16-17 occasions.

It observed that the contention of defence that concerned police officials being the SI, IO and the then SHO were in 'cahoot'' with prosecutrix so that they could extort money from accused, could not be brushed aside lightly.

“However, any action on this count is left to the Administrative discretion of worthy Commissioner of Delhi Police who may, in his wisdom, look into the matter and take appropriate remedial action so that the cherished motto of Delhi Police Force “shanti, sewa, nyay” does not get belied.