False rape case leaves lifetime scars on accused: Delhi High Court

The Delhi High Court recently observed that false rape allegations inflict lifetime scars on those who are wrongly accused, while calling for a close scrutiny of such cases [State of GNCT of Delhi Vs Toshib Alias Paritosh & Ors.]..Justice Swarana Kanta Sharma observed that false rape allegations have far-reaching consequences for not only the victim but also for the accused persons. A discharge in the case or a few words of sympathy are not enough to undo such harm caused to the wrongly accused, the Court added.“Loss of reputation, incarceration, social stigma, and psychological trauma suffered by an accused who is ultimately found to have been falsely implicated may leave scars that remain unhealed for a lifetime, just as the violation of dignity and bodily integrity leaves deep and lasting wounds in genuine cases of sexual assault. Such harm cannot be undone merely by an order of discharge or a few words of sympathy,” the Court said. .The Court noted that such false rape cases also affect genuine victims of sexual assault. "When serious allegations are made and then withdrawn without explanation, it weakens public confidence in the process meant to protect victims of sexual violence. The unfortunate result is that women who have truly suffered such crimes may find their voices questioned or their experiences doubted. For this reason, false allegations of sexual offences cannot be treated lightly and must invite careful and firm scrutiny in accordance with law, so that genuine victims are not made to suffer on account of misuse by a few," the Court said. .Harm (by false rape cases) can't be undone merely by discharge or a few words of sympathy ... False allegations of sexual offences must invite firm scrutiny so that genuine victims are not made to suffer.Delhi High Court.The Court made these observations in a case where a woman had initially accused three men of committing gang rape on her after arranging for a meeting on the pretext of arranging a job for her. However, during trial proceedings, she withdrew her statements. The trial court, therefore, discharged all three accused. This was challenged by the Delhi Police before the High Court, which dismissed the appeal on December 15..Notably, the High Court also took note of a larger concern that the victim compensation scheme available to rape victims has been misused in certain cases. The Court was told that in some cases, the prosecutrix initially receives interim compensation under the Delhi Victim Compensation Scheme 2018, only for her to later withdraw rape allegations or turn hostile during trial. The interim compensation is neither returned nor recovered by the Legal Services Authority, even if the rape charges are dropped. .Justice Sharma noted that such conduct amounts to a misuse of public funds."If interim compensation disbursed in cases where allegations are subsequently withdrawn or found to be false is routinely allowed to remain unrecovered, it may not only result in misuse of public funds but may also dilute the credibility and sustainability of schemes meant to support genuine victims of sexual violence," the Court observed.Therefore, the Court issued a slew of directions to recover such compensation paid to alleged rape victims if they subsequently withdraw their allegations or the case is proven to be false.It directed that in sexual offence cases where interim victim compensation has been granted, trial courts must forward orders and records to the Delhi State Legal Services Authority (DSLSA) if the rape proceedings are eventually quashed due to a compromise or if the victim turns hostile or if the accused is exonerated.This is to enable the DSLSA to examine if action needs to be taken to recover the compensation granted in such cases. Further, petitions seeking the quashing of such cases must mandatorily disclose whether the victim received compensation under the Victim Compensation Scheme, with relevant details, the Court added..Additional Public Prosecutor Naresh Kumar Chahar appeared for the State. Advocate Lokesh Kumar Mishra appeared for the discharged accused..[Read judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.