Source: Bombay High Court 

Why in News? 

• Recently, the Bombay High Court in the matter of Aman Tagade v. State of Maharashtra has held that it is always presumed that the rape allegations made by the victim and her family are true and not fabricated as no family would indulge the name of their daughter for any purpose. 

What was the Background of the Aman Tagade v. State of Maharashtra Case? 

• In the present case, the victim was a minor female below 18 years of age and the accused was 17 years and 9 months old. 
• The crime was registered based on the victim's report at Narkhed Police Station against the accused. 
• Sequence of Events as per Prosecution: 
  • The accused called the victim to his house under the pretext of academic discussion 
  • The victim went to accused's house accompanied by her friend Hitesh. 
  • The accused allowed only the victim to enter the house, locked the door, took her to the bedroom and switched on the television and cooler. 
  • The accused allegedly committed forcible sexual intercourse with the victim. 
• Post-Incident Events: 
  • The victim informed Hitesh immediately after leaving the house 
  • She reported the incident to her parents 
  • The family proceeded to file a police complaint.   
• Defense Position: 
  • The accused claimed false implication due to refusing to marry the victim 
  • He alleged the victim had a relationship with another person named Soukhya 
  • He claimed he had threatened to inform her parents about this relationship 
• The trial court convicted the accused for the offences punishable under Sections 342 and 376(2) of the Indian Penal Code, 1860(IPC) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). 
• The appellant appealed before the Bombay High Court against the order of the trial court. 

What were the Court’s Observations? 

• The Bombay High Court observed that: 
  • The victim was below 18 years at the time of incident qualifying as a 'child' under Section 2(1)(d) of POCSO Act. 
• The Court noted significant timeline aspects: 
  • This prompt reporting was considered a crucial circumstance supporting prosecution's case 
• The Court addressed the medical examination timeline: 
  • The victim was initially taken to the Government Hospital. 
  • Due to unavailability of medical officer, referred to Mayo Hospital, Nagpur 
  • Medical examination at Rural Hospital, Narkhed was at 1:00 AM. 
  • The Court rejected defense's argument about possible intervening sexual activity 
• The Court made following observations about victim's testimony: 
  • While some omissions and improvements were noted, they were not material 
  • Core allegations remained consistent with the initial report (Exhibit 30) 
  • Evidence was found to be of "sterling quality" 
  • Minor inconsistencies were attributed to trauma 
• The Court referenced Supreme Court's observations from Bharwada Bhoginbhai Hirjibhai .v. State (1983) about: 
  • Rarity of false rape allegations in Indian society 
  • Social stigma and consequences faced by victims 
  • Reluctance to report such incidents due to societal pressures 
• The Court modified the conviction: 
  • Changed from Section 376(2) to Section 376(1) of IPC. 
  • Reduced sentence from 10 years to 7 years imprisonment 
  • Maintained other aspects of the trial court's judgment 

Punishments Under POCSO: 

• For Penetrative Sexual Assault, Section 4 of the POCSO Act prescribes rigorous imprisonment of not less than 10 years which may extend to life imprisonment, along with fine. 
• In case of Aggravated Penetrative Sexual Assault, Section 6 prescribes the minimum punishment is increased to rigorous imprisonment of 20 years which may extend to life imprisonment. 

All About False Rape Allegations 

• The term "false rape case" encompasses situations where an individual is falsely accused of committing rape. 
• These cases are complex and sensitive, often entwined with legal, social, and psychological intricacies. 
• It's crucial to approach these cases with nuance and thorough investigation. 
• While false accusations undoubtedly occur, they are relatively rare compared to actual instances of sexual assault. 
• Falsely accusing someone of rape not only harms the accused but also undermines the credibility of genuine victims and hampers efforts to combat sexual violence. 
• Investigating false rape allegations requires a delicate balance between protecting the rights of the accused and ensuring justice for potential victims. 
• Law enforcement agencies must conduct thorough and impartial investigations, gathering evidence, and corroborating testimonies to determine the veracity of the claims 
• The prevalent misconception regarding the frequency of false rape allegations requires careful examination through empirical evidence and legal analysis. 

Recent “False Rape Cases” Reported in India 

• False Rape Case in Gurugram  
  • Given that it concerns a 20-year-old Delhi University English Honors student, the current instance is extremely startling.  
  • The mother of one of the accused males filed a complaint alleging blackmail, which led to the accused girl's detention.  
  • In one instance, the girl was extorting money from a syndicate by falsely accusing them of rape.  
  • The aforementioned girl accused seven different males of rape at seven separate police stations.  
  • In certain circumstances, the court in question has sent her notifications to appear in court, while in other cases, the proceedings have been closed. 
• After a woman accused him of sexual harassment, the manager commits suicide.  
  • On August 30, Amit Kumar took his own life. In a five-page suicide note, he claimed that his employer, Optum Global Solution, had severely humiliated him over alleged sexual harassment, which he denied. 
• A Jabalpur girl falsely accused six males of rape. 
  • Over the course of six years, a Jabalpur girl has brought six rape allegations against five different males in the city.  
  • She married the first man she implicated after filing a rape case against him, and she then filed rape, domestic abuse, and dowry cases against him.  
  • She then filed four other rape claims against four other males between 2021 and July 2022. 
• A woman who filed a bogus rape allegation was fined Rs 10,000. 
  • The Allahabad High Court punished a woman from Prayagraj, Uttar Pradesh, Rs 10,000 on 26th April 2022, for filing a fake police report against her husband for allegedly raping her before to marriage. 
• A teenager from Indore attempts to deceive authorities in a fictitious rape case 
  • After a 19-year-old female claimed to have been kidnapped, gang-raped, and dumped on train tracks by five men, Indore police filed a rape complaint in January 2021. 
  •  After claiming in her statement that she was one of the culprits, the police arrested the tenant of the home where she resided.  
  • Throughout the course of the investigation, the girl made numerous changes to her statement, and eventually, she and her inner companion admitted that they had made up the narrative.  
  • She may have devised a fraudulent strategy to obtain money because she was involved in a similar issue previously and received compensation from the government of Rs 2 lakh. 

Remedies Against False Rape Cases 

• The high court has the authority to dismiss the FIR after reviewing all the facts, including the fact that there has been abuse of power. 
• The Hon'ble Supreme Court stated in the matter of Shivashankar @ Shiva v. State of Karnataka (2018), that it is hard to uphold the accusations made against the appellant, who may have given the complainant a fraudulent marriage commitment. 
  • However, it is challenging to justify sexual activity during an eight-year relationship as "rape," particularly when the complainant explicitly claims that they cohabitated as husband and wife.  
  • Therefore, it cannot be rape, but it can be a violation of promise. 
• On 22^nd November 2018, in the case of Dhruvaram Murlidhar Sonar v. The State of Maharashtra (2018) the physician, who was married, had an extramarital romance with a widowed nurse.  
  • The Honorable Supreme Court ruled in this matter that it can be claimed that both of them lived as husband and wife after accepting all of the information provided in the FIR, police statement, or complaint.  
  • They both worked at the same hospital, and the doctor informed her he was married right away, even though he didn't mean to be dishonest.  
  • In this instance, the nurse's choice was deliberate, proactive, and the result of mental effort. She was aware of the repercussions of her behavior.  
  • Additionally, consent is not acquired by factual misrepresentations. The Hon'ble Supreme Court dismissed the FIR, indicating that it is a smart instance of consenting sex after admitting all the facts. 
• Thus, under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a person who files a false rape accusation against another person may petition the High Court to have the FIR dismissed by citing the Supreme Court decisions. 
  • He must present all pertinent information and show that he didn't mean any harm. 
  • Section 22 of the POCSO Act says that any person who makes false complaint or provides false information against any person in respect of an offence under Sections 3, 5, 7 and 9 solely with the intention to humiliate, extort, threaten or defame shall be punished with imprisonment for a term which may extend to six months or with fine or with both.   
  • The evidence demonstrates that false allegations of rape are rare and occur at rates comparable to other crimes.  
  • Legal systems must ensure proper classification and investigation procedures while maintaining objectivity and fairness to all parties involved. 

What are the Reforms Needed in the Criminal Justice System? 

• Police Investigation Protocols: Implementing stricter guidelines and training programs for law enforcement agencies to ensure thorough and impartial investigations. This includes proper evidence collection, forensic analysis, and adherence to legal procedures to minimize the risk of wrongful arrests and convictions. 
• Prosecutorial Autonomy: Strengthening the independence of prosecutors to exercise discretion in initiating and pursuing criminal cases. This entails enhancing their authority to assess the merits of each case independently, based on evidence and legal principles, rather than external pressures or biases. 
• Judicial Supervision: Introducing mechanisms for judicial oversight throughout the criminal justice process to prevent miscarriages of justice. This includes regular review hearings, transparent decision-making processes, and opportunities for legal representation for both the accused and the prosecution. 
• Legal Reforms: Enacting legislative reforms to address systemic flaws and enhance accountability within the criminal justice system. This may involve amendments to procedural laws, sentencing guidelines, and mechanisms for addressing wrongful convictions, such as compensation and exoneration procedures. 
• Training and Education: Providing continuous training and education for all stakeholders involved in the criminal justice system, including police officers, prosecutors, judges, and defense attorneys. This ensures awareness of best practices, ethical standards, and emerging issues to uphold the integrity and fairness of the legal process.