India's Supreme Court gives the go-ahead for false rape allegations

**rohara** · 2nd-January-2010

Beat you to it Frostboy!

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Supreme Court: Indian women won't make false rape claim

Mayura Janwalkar / DNASaturday, January 2, 2010 1:47 IST
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Mumbai: In an observation that could have far-reaching implications in the prosecution of rape cases, the Supreme Court recently observed that an Indian woman would never make a false allegation of rape, given the social stigma attached to it. This is likely to bolster the cases of rape victims and may have a bearing on recent cases involving actor Shiney Ahuja and Shree Ram Mills scion Abhishek Kasliwal.

“In Indian society, any girl or woman would not make such allegations (of rape) against a person as she is fully aware of the repercussions flowing therefrom. If she is found to be false (sic), she would be looked at by society with contempt throughout her life,” the apex court observed.

Upholding the seven-year imprisonment handed out to an auto-rickshaw driver who raped a 12-year-old in 1988, a bench of justices JM Panchal and Deepak Verma stated: “For an unmarried girl, it will be difficult to find a suitable groom. Therefore, unless an offence has really been committed, a girl or a woman would be extremely reluctant even to admit that any such incident had taken place which is likely to reflect on her chastity (sic). She would also be conscious of the danger of being ostracised by society.”

Mincing no words to describe the social stigma faced by rape victims in India, the judges said, “It would be difficult for her to survive in Indian society which is not as forward-looking as the western countries are.”

If the observations of the apex court are applied by the prosecution in the cases of Ahuja and Kasliwal, they may have to brace themselves for a tough trial ahead.

While Ahuja’s trial against rape allegations made by his 20-year-old maid in June this year is yet to begin before the Sewri fast track court, charges have been framed against Kasliwal for raping a 52-year-old woman in March, 2006.

“The judgment can be relied on by the prosecution or the defence in any of these trials but how the sessions court will interpret it cannot be predicted as the facts of each case will vary,” criminal advocate Rohini Salian said. Since this precedent has been laid down by the Supreme Court, it is likely to be cited in rape trials before subordinate courts, she added.

“The court conducting the rape trial can certainly take these observations into account while appreciating the rest of the evidence before it,” said senior advocate Amit Desai. He, however, added that the Supreme Court’s observations alone cannot lead to conviction. “Their weightage may differ according to the totality of the facts and the defence taken by the accused,” Desai said.

Twenty-one years after the incident, the appeal of Wahid Khan, who was caught ‘red-handed’ by the police in Bhopal, was dismissed by the apex court. Under the guise of rescuing the girl from eve-teasers, Khan gave her a ride in his auto-rickshaw and took her to a deserted location where he raped her.

The apex court also took note of the fact that the girl’s statement had been consistent in her FIR as well as before the court. Moreover, the sub-inspector of police, BB Subba Rao, had told the court that when the accused was caught he and the girl were both naked waist-down.

The court held that the consistent statement of the victim and the testimony of the police officer who caught him red-handed had established the guilt of the accused.

I ma speechless! These people are giving the out and out go-ahead for women who want to cover their asses by falsely claiming to be raped.

OMG! No sooner did I read this article than did I find this one published a couple of weeks ago in the same publication:

Story Here:

Post Comment Larger | Smaller
Express News Service
Tags : crime, rape
Posted: Saturday , Dec 19, 2009 at 0322 hrs
New Delhi:

South Delhi police have arrested six persons, including a lawyer and two women, for allegedly extorting money from a family by threatening to file rape charges. The fake charges were levelled by the family’s domestic help.

Police officers said investigations began after a bank manager complained that a placement agency for domestic helps was trying to extort money from him.

The police said the owner of Royal Placement Agency in Kotla Mubarakpur, Monirujjaman Molla (31), its manager, Akash Mufazel Haq (28), lawyer Hemant Kumar Dabral (39), accountant Hari Kishan (22) and two women were arrested on December 16.

Police officers said the bank manager, Manoj Sood, a resident of Malviya Nagar, had on November 15, employed a maid through the agency. He allegedly caught her stealing a gold set and Rs 2,000 in cash. “She owned up and assured the family that she would not repeat it. But she started behaving rudely and the agency owner took her back following Sood’s complaint,” Deputy Commissioner of Police (South), H G S Dhaliwal said.

Within hours of her return, however, Moni called up the family and said the domestic help had alleged Sood had raped her. He demanded Rs 5 lakh to settle the matter.

Sood reported the matter to the police, said Dhaliwal. After the family reportedly refused to pay, the group complained to Malviya Nagar police that the help was raped. Police asked Sood to negotiate with the ‘gang’. He agreed to pay Rs 3.7 lakh. As the money changed hands, police arrested the accused.

**Daveyone** · 2nd-January-2010

Well I have an active blog in Mumbai so will raise this with them!
Happy New Year Rohara, could we have a happier avatar, next we will be seeing your dental records..LOL

**rohara** · 2nd-January-2010

Quote from Daveyone

Well I have an active blog in Mumbai so will raise this with them!
Happy New Year Rohara, could we have a happier avatar, next we will be seeing your dental records..LOL

There is a whole lot of nasty things from my medical records I could put up here.

Do raise this in India if you can our friends there need all the support they can get apparently.

**Nynrah Ghost** · 2nd-January-2010

How bloody pathetic to claim women are punished enough by 'being viewed upon with contempt' because they make a false rape accusation.

I am more inclined to believe such people are treated with sympathy rather than contempt after they cover up their asses with a rape accusation.

**Marx** · 3rd-January-2010

So even though it rammed down mens throats on a daily basis how wrong & bad rape is, we do regardless (because we're presumably brutes with no morals).. but women - all women - are above the idea to simply accuse a man in order to punish him for a crime of her choosing...

right.

**Zuberi** · 3rd-January-2010

India is gone!!!!

**shaazam** · 3rd-January-2010

wimyn are natural born liars and they do so without compunction - it is part of their raft of dissembling wares which they employ without even a twitch of their eyebrows and new age gals don't feel shame !!

the feminit movement ( not from Dworkin's rear end) has immunised wimyn agin any sense of shame for anyhing wimyn do that is advantageous for them eg the Familycourt rip offs and the legal kidnapping of the kids of the marriage then to be used as hostages to his fate

**dad_savage** · 3rd-January-2010

“In Indian society, any girl or woman would not make such allegations (of rape) against a person as she is fully aware of the repercussions flowing therefrom. If she is found to be false (sic), she would be looked at by society with contempt throughout her life, therefore even if her accusation is patently false we will endevour hide that fact, punish an innocent man and by all accounts do everything within our power to ensure the accusation will be seen as having been factual.”

**Celtic Druid** · 3rd-January-2010

"In Indian society, any girl or woman would not make such allegations (of rape) against a person as she is fully aware of the repercussions flowing therefrom. If she is found to be false (sic), she would be looked at by society with contempt throughout her life," the apex court observed.

Supreme Court? Supremely biased that's for sure.

This statement has no more credibility than to claim no man would rape because he would be looked on with contempt (and much worse) by society throughout his life.

I've seen Indian stories where the woman has been shown or proven to have lied about rape (Rohara added another in the thread), so that shreds their whole absurd statement.

They're trying to rig the system so that all rape allegations are automatically deemed true and thus making every accused man guilty by default.

**rohara** · 3rd-January-2010

Quote from Celtic Druid

They're trying to rig the system so that all rape allegations are automatically deemed true and thus making every accused man guilty by default.

In other words, the same thing they have done everywhere else in the western world.

**Zuberi** · 26th-January-2010

Article here. Excerpt:
'Mumbai: In an observation that could have far-reaching implications in the prosecution of rape cases, the Supreme Court recently observed that an Indian woman would never make a false allegation of rape, given the social stigma attached to it. This is likely to bolster the cases of rape victims and may have a bearing on recent cases involving actor Shiney Ahuja and Shree Ram Mills scion Abhishek Kasliwal.
“In Indian society, any girl or woman would not make such allegations (of rape) against a person as she is fully aware of the repercussions flowing therefrom. If she is found to be false (sic), she would be looked at by society with contempt throughout her life,” the apex court observed.
Upholding the seven-year imprisonment handed out to an auto-rickshaw driver who raped a 12-year-old in 1988, a bench of justices JM Panchal and Deepak Verma stated: “For an unmarried girl, it will be difficult to find a suitable groom. Therefore, unless an offence has really been committed, a girl or a woman would be extremely reluctant even to admit that any such incident had taken place which is likely to reflect on her chastity (sic). She would also be conscious of the danger of being ostracised by society.”'

WHAT ABOUT THE STIGMA?

**dad_savage** · 26th-January-2010

Good work, but I'm pretty sure this article, or one stating the same facts, has been posted previously. I recall commenting in two articles regarding this subject; the first was one in which this subject was raised and the second was one in which an Indian woman had falsely alleged rape, I remember linking from one article to the other regarding the irony of it all. Still I could be wrong and this news may be fresh, but even if it isn't it's effort that counts.

**Marx** · 26th-January-2010

Yep Dad, this is why I added the function that checks for similar threads - because I realised some people weren't able to check for themselves (not sure why...) Unfortunately, it seems even that is too difficult to use, even though it's automated *sigh*.

**Percy** · 26th-January-2010

A Supreme Court Judge said today that a Supreme Court Judge would never make a statement that a Supreme Court Judge would never say something totally stupid, because it would make the Supreme Court Judge look totally stupid.

**Marx** · 26th-January-2010

In the news today, a member of antimisandry.com, known as 'Marx', revealed his new study results which indicate that the member known as 'Marx' is a super-dooper awesome guy. The study cannot be refuted.