Court concerned over misuse of rape laws

[Tiger80]

Raising concern over the misuse of rape laws, a city court has acquitted four members of a family accused of confining and raping a woman, who was being actually used by her husband to settle personal scores. Terming it as a “classic illustration of misuse of rape lawsâ€, the court stressed the need to remain “vigilant†in “differentiating†between false and genuine rape cases so that no innocent person is convicted. Additional sessions judge Virender Bhat said the alleged victim’s husband had misused rape laws by using her as a “pawn†to settle personal scores. Directing the police to be careful while differentiating a false case and a genuine case, the judge said the abuse of rape laws should not be encouraged and innocent people should be not be convicted. Acquitting Delhi residents Sikander, his brother Shailender and their parents Harender Mehto and Sushila, the judge said: “...this case is a classic illustration of misuse of rape-related laws. The husband of the prosecutrix, in order to settle scores with the accused, used her as an arrow or pawn and slapped an utterly false criminal case upon the accused.†According to the defence counsel of the accused, Sikander and his family members were facing trial on allegations levelled by a woman, one of their relatives. She had claimed she was confined and gang-raped by the two brothers who also tried to sell her. “It is becoming very difficult for the courts to differentiate the genuine rape cases from the false ones. The cases like the present one create a well-founded belief among the public as well as the judiciary that the rape-related laws are misused with impunity,†the judge said. Raising concern over the misuse of rape laws, a city court has acquitted four members of a family accused of confining and raping a woman, who was being actually used by her husband to settle personal scores. Terming it as a “classic illustration of misuse of rape lawsâ€, the court stressed the need to remain “vigilant†in “differentiating†between false and genuine rape cases so that no innocent person is convicted. Additional sessions judge Virender Bhat said the alleged victim’s husband had misused rape laws by using her as a “pawn†to settle personal scores. Directing the police to be careful while differentiating a false case and a genuine case, the judge said the abuse of rape laws should not be encouraged and innocent people should be not be convicted. Acquitting Delhi residents Sikander, his brother Shailender and their parents Harender Mehto and Sushila, the judge said: “...this case is a classic illustration of misuse of rape-related laws. The husband of the prosecutrix, in order to settle scores with the accused, used her as an arrow or pawn and slapped an utterly false criminal case upon the accused.†According to the defence counsel of the accused, Sikander and his family members were facing trial on allegations levelled by a woman, one of their relatives. She had claimed she was confined and gang-raped by the two brothers who also tried to sell her. It is becoming very difficult for the courts to differentiate the genuine rape cases from the false ones. The cases like the present one create a well-founded belief among the public as well as the judiciary that the rape-related laws are misused with impunity,†the judge said. http://www.hindustantimes.com/India-news/NewDelhi/Court-concerned-over-misuse-of-rape-laws/Article1-1033958.aspx

[Crookbond]

This is what happens when you bark down the wrong tree.

[ravishingravi]

It is genuine problem. We will have to find the right balance.

[Crookbond]

It's quite typical of our society to be "reactive" than "proactive". In this case as well, these things should've been thought over before the bill was passed.

[Raghav_12]

Why can't they have misuse clause? Will atleast would some deterrent in mind of law-abusers. Misuse has to be proved also, so not that if an aggrieved person couldn't prove a case, she would automatically be punished. It was there in initial drafts of recent anti-rape bill but was removed later, under pressure of feminists. Abusers of rape law are punished in many other countries like below, just couple of days ago. NDSU student arrested on suspicion of filing false report tied to rape claim | INFORUM | Fargo, ND http://www.inforum.com/event/article/id/394456/

[Prakat]

Classic mysogynist's stance from the judge. That's what the courts and judges are for. It is not up to the police to determine which cases are genuine. And which are attempts to defraud the cj system. let the court hear the case, see the evidence and rule accordingly.

[Raghav_12]

Classic mysogynist's stance from the judge. That's what the courts and judges are for. It is not up to the police to determine which cases are genuine. And which are attempts to defraud the cj system. let the court hear the case, see the evidence and rule accordingly.

In cases of bailable crimes you can leave things to court completely as accussed doesn't suffer much. But in cases of alleged rape, system could come down very heavily at false cases. A person is put up in lock-up without bail for months. This is not a joke. Forget about being misogynist, in this case judge was extremely symphatetic to women otherwise he should have started criminal proceedings against this law-abuser women. Abuser of laws deserve equal punishment.

[Prakat]

^ the woman can be charged with providing false witness and perjury at worst. Abusing the law falls on the husband who was the mastermind behind the whole thing. You are watching the boy's club at work because he is empowering a police force that is notoriously unhelpful to raped women.

[Raghav_12]

^ the woman can be charged with providing false witness and perjury at worst. Abusing the law falls on the husband who was the mastermind behind the whole thing. You are watching the boy's club at work because he is empowering a police force that is notoriously unhelpful to raped women.

wow.. you are trying to suggest that women are incapable of thinking what they are doing? A woman is going pretending rape, taking opportunity of being heard sympathetically away from thousands of genuine victims, endangering life and reputation of 3-4 persons, including a woman, and you want to treat that woman with cotton golves, passing on all blame to her husband. Your thought process which suggests that woman can't understand is absolutely wrong. Woman and her husband both are at guilty but wife more as she was ruthless whi went ahead and executed this evil plan which both of them may have conspired.

[Prakat]

^ sure.

[rageaddict]

Good decision. Not that the Pandus were going to change their ways of investigation anyways if the ruling said anything different . Now they have got backing as well.

[Crookbond]

^ the woman can be charged with providing false witness and perjury at worst. Abusing the law falls on the husband who was the mastermind behind the whole thing. You are watching the boy's club at work because he is empowering a police force that is notoriously unhelpful to raped women.

In this case, may be but it does not generalize though.

[DomainK]

wow.. you are trying to suggest that women are incapable of thinking what they are doing? A woman is going pretending rape' date= taking opportunity of being heard sympathetically away from thousands of genuine victims, endangering life and reputation of 3-4 persons, including a woman, and you want to treat that woman with cotton golves, passing on all blame to her husband. Your thought process which suggests that woman can't understand is absolutely wrong. Woman and her husband both are at guilty but wife more as she was ruthless whi went ahead and executed this evil plan which both of them may have conspired. I don't think it's difficult to figure out who is incapable of thinking.

[Vilander]

the real problem is to differentiate rape from consensual sex. But with moral policing rife in indian society consensual sex could still be sen as rape.

[Tiger80]

Court concern over rising false rape cases by helps A Delhi court has acquitted a man accused of raping his maid and expressed concern over rising false rape allegations by domestic helps. Additional sessions judge Nivedita Anil Sharma observed that there was a spurt in false rape cases by domestic helps against their employers. The judge said: "This trend requires to be nipped in the bud itself and the precious time of the government agencies i.e. the police, the prosecution, the judiciary etc should not be wasted." The judge observed domestic workers who are being underpaid or detained by the employers for unusually long periods are invoking laws relating to sexual abuse. The court made these observations while acquitting a west Delhi resident of the charges of raping his domestic help twice and threatening to kill her. The prosecution said that in July 2012, the girl got the job of a domestic help at a monthly salary of Rs. 8,000. The girl had worked for two months but was paid only Rs. 2,000 and was allegedly raped by the accused when she went to demand the arrears. The girl, however, in her deposition claimed that she had never told the police that she was raped by the accused. The help said she went to the police to lodge a complaint about non-payment of salary where she met an elderly man outside the police station, who inquired about her problem and made her put her thumb impression on some blank papers. http://www.hindustantimes.com/India-news/NewDelhi/Court-concern-over-rising-false-rape-cases-by-helps/Article1-1042931.aspx

Lo ab yeh bhi shuru ho gaya , Lagta hai ab logon ko kaam waaliyon ki jagah kaam waalon se replace karna parega

[someone]

This is another shocking case and I believe it was shown the the crime patrol show as well.

Bathinda (Punjab): Police on Monday claimed that the complaint of a 24-year-old woman, that she was abducted and raped by two men and later thrown out of a car in Bathinda district, was "concocted". "The woman allegedly concocted the gang-rape story to teach a lesson to the wife of Sunil Kumar, who had lodged a case of attempt to murder against her and Sunil," Inspector General of Police Nirmal Singh Dhillon said here today. The woman had claimed that she was raped by two unidentified men with the help of two women, Sunil's wife and his mother. "She alleged that when she arrived at the Sector 43 bus stand, two women -- Sunil's wife and his mother -- and two unknown men who were in the car pulled her inside. She said she was injected some drugs and sedatives. The woman has alleged that she was raped ... She was later thrown out of the car," a senior police official had said earlier. The woman and Sunil were in a relationship before Sunil's wife filed a case of attempt to murder against them. While Sunil is in prison the woman was out on a bail. "We have booked the girl (who was named by IG), her lover Sunil and two other persons- Rohtas and Ramesh, under various sections of IPC for having given false statements, cheating etc," he said. Ramesh and Rohtas had claimed that they had found the woman dumped on the Dabwali road here and they had got her admitted to the civil hospital. While the main conspirator Sunil Kumar is currently in jail, the woman and Rohtas have been arrested while police was looking for fourth accused identified as Ramesh. In her complaint to the Bathinda Police, the woman has alleged that she was abducted from outside the Sector 43 inter-state bus terminus in Chandigarh on Friday by two women and two men. The victim, who hails from Moga district, had alleged that she was raped by the two unidentified men and thrown out of a moving car last evening near Sangat Mandi in Bathinda. SSP Bathinda Ravicharan Brar said the woman was booked in an attempt to murder case registered in Fazilka, Punjab, a year back and was out on bail. The woman, who is a nurse, was earlier working in Bathinda where she came in contact with a married man, Sunil. "Sunil and the victim developed relations. In the meanwhile, Sunil's wife was tested HIV positive. Sunil's wife lodged a complaint against her husband and the victim (the woman who now alleges rape). While Sunil is still lodged in a jail, this woman (rape victim) was out on bail," Brar said.