Introduction:
“Nullus Commodum Capere Protect De Injuria Sua Propria”, which means, no man can take advantage of his own wrong. Law gives remedy only to the real victims who had undergone injury physically and mentally. Sec 375 of IPC deals with all that is considered as rape. Of the cases filed with police approximately 90% of them are found to be false accusations and is curbed even before filing an FIR.
As burden of proof falls with the prosecution and police investigation to be a part of it. No normal person with straight thinking can commit this barbarous offence. It is interrogative to find whether it is understood well differentiating apart from sexual abuse and harassment. For minors or students, awareness can be given to an extent of sexual harassment only.
They sometimes take sexual harassment for rape, which they convey the same to their guardians. But by proper investigation by police it can be further proceeded and filed with the respective offence of crime.
This cannot be categorised as false accusation of rape, as there was offence committed in other form. Manipulative theories might be sewed against a person for rape which might have ill motive on the part of the accuser. The words of the victim is taken seriously, due to the gravity of offence.
False accusation of Rape, and law to the rescue:
According to Sec 199, Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
Also Sec 194 deals with the punishment of, Giving or fabricating false evidence with intent to procure conviction of capital offence. If found guilty of such act, the punishment is imprisonment for 7 yrs, which may extent to 10 yrs with Fine. If a person accuses other of a false rape, it also leads to defamation of the person succumbing to such charge of accusation.
Circumstances where partners are in a live together relationship, intimacy being by consent mutually, and repercussions arise when a partner ceases to continue in such relationship due to reasons, accusation of rape cannot be alleged.
“Ex turpi causa non oritur actio”, which means, “No action can arise from an illegal act”. Law does not recognise illegal live-in relationships. So false accusation of rape cannot be thrown on the partner prima facie.
Evidence of Prosecutrix:
The conviction of an offence of rape can be based on sole testimony of prosecutrix. It is only by abundant caution the court may look for corroboration to rule out any false accusations.
Notable Case Laws:
1.Ravindra V State of Madhya Pradesh, (2015)4 SCC 491
2.Rajesh Patel V State of Jharkahand, AIR, 2013 SC 1497
(The accused was sentenced for 7 years)
3. Jagmohini V State (Gnct Of Delhi) & Ors. on 6 August, 2013
Adultery V Rape:
Sec 497, Defines Adultery as, Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
The Supreme Court of India, in the case of Joseph Shine V Union Of India on 27th September, 2018, Struck down section 497 of the Indian Penal Code as unconstitutional being violative of Article14, 15 and 21 of the Constitution. Adultery distinguished from rape which is cruel and pain is suffered more by the victim whereas in adultery happiness is more in a person, thus satisfying utilitarian theory.
Best example for such theory would be the Clinton- Levisky Scandal.
Why the false accusation of Rape?
Accusations with intention has a motive. That too charges of Rape which is grievous in nature should have conceived with an agenda in the backdrop. Consensual sex is accused for rape later after gathering evidences such as inner wears for DNA and eye-witnesses. This happens to celebrities where huge sum can be drawn off together by killing their future in career.
Brian Banks story in 2002, a promising football player lost it all in the tragic turn of events after spending 5 years in jail. Later the accuser reached out to him confessing the truth with the help of California Innocence Project. By sharing his story Banks, is helping to raise awareness about wrongful convictions.
Anurag Kashyap, an Indian Film Director was booked with accusation of rape by a fellow actor. Which he denied. His two ex-wives supported him, that he is not the kind.
The best ever novel in 1924 “The passage to India” hinges on a rape that never was. A white women accuses a honoured muslim doctor for raping her during a picnic in a dark cave. When she stands on the witness box confused to recall what happened in the cave withdraws her allegations. It was a discrimination, of racial basis or of the master and subservient nature of servant and many other combinations of motives.
Conclusion:
“ The eyes of the victim speaks about it all”. No inquiries can obtain answers from a real rape victim. The scars of rape is irreversible. It becomes the duty of every other to prevent such horrible occurrences rather than getting shelter under false accusations of Rape. Law treats everyone equally. It is gender neutral. But it cannot be taken for granted for false accusations. Rape is a scarious hidden crime for which the victim alone is the witness of the incident. The rape victim faces social stigma. Same in the case of false allegation, the so accused faces social stigma and humiliation even after being acquitted.