Beware of false rape cases, SC tells trial courts

NEW DELHI: The apex court, in its landmark judgment, had asked the courts to be careful and see that a person is not convicted on charged with rape on the basis of false testimonies by alleged victims.

A bench of Justices RV Raveendran and B Sudershan Reddy noted, “The courts should bear in mind that false charges of rape are not uncommon.”

“There have been rare instances where a parent has persuaded a gullible or an obedient daughter to make false charge of rape either to take revenge or extort money or to get rid of financial liability,” judges said as it acquitted one Radhu from Madhya Pradesh, who was sentenced to seven-year imprisonment for raping his niece.

“Whether the victim was raped or not, it  ultimately depend on the facts and circumstances of each case,” they said while refusing to accept the victim’s statement that had many discrepancies. The medical evidence too didn't corroborate that she had been subjected to intercourse.

Radhu defended himself saying girl's father Mangilal was indebted to his father Nathu. A false case of rape was slapped against him to to stop his father from demanding money.  Radhu and his mother were convicted for raping on the complaint filed by the 14-year-old girl.

The SC said that the prosecution had miserably failed to prove the charges. "We are satisfied that the evidence does not warrant a finding of guilty at all and the trial court and the high court made a mistake." Earlier the courts had rejected his defence nor analysed the medical evidence or the girl's flip flop testimony.