(Dr Khushalchand Baheti)
Aurangabad, Aug 17: There is an alarming increase of false cases of rape and offences under Sections 354, 354A, 354B, 354C and 354D, registered only to arm-twist the accused and make them succumb to the demands of the complainant. Frivolous claims must be dealt with iron hand, Delhi High Court (HC) observed, recently.
On April 26, 2019 and June 22, 2019 the cross complaints of rape were registered against two advocates by the respective kin. Later on, a petition to quash FIR was filed on the ground of compromise between both the parties.
The petition mentioned that being a matter related to advocate fraternity, the office-bearer of the Rohini District Bar Association took cognizance and on their intervention and persuasion, the dispute was amicably resolved.
Justice Subramonium Prasad dismissed petition referring judgments of the Apex Court and other HCs.
Critical Observations of HC
*It is tragic that practising advocates belonging to the legal fraternity are trivialising the offence of rape.
*Rape is not merely a physical assault. It is often destructive of the whole personality of the victim.
*The act of rape has the ability to scar the mental psyche of the victim and this trauma can persist for years.
*It is a matter of grave concern that people are treating these allegations in a very casual manner.
*Rape is an offence against the society. The Supreme Court has directed that the HC should not exercise its jurisdiction under Section 482 Cr.P.C to quash an offence of rape on the ground that the parties have entered into a compromise.
*Rape is not a matter to be left for the parties to compromise and settle.
*The court cannot always be assured that the consent given by the victim in compromising the case is a genuine consent. There is every chance that victim might have been pressurised or the trauma undergone by her all the years might have compelled her to opt for a compromise.
*Quashing FIR for offences like rape on the basis of compromise will encourage accused to put pressure on the victims to agree to a compromise and this will open doors for the accused to get away with a heinous crime which cannot be permitted.
*The time spent by the police in investigating false cases hinders them from spending time in investigation of serious offences.
*Valuable judicial time is spent in hearing cases where false allegations are made and is consequently an abuse of the process of law.