Rape definitions unique to India

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History

1833, the Indian Penal Code: the definition of rape

Soibam Rocky Singh, Explained: The laws on rape and sexual crimes, December 8, 2019: The Hindu


What has been the system in place?

‘Rape’ as a clearly defined offence was first introduced in the Indian Penal Code in 1860. Prior to this, there were often diverse and conflicting laws prevailing across India. The codification of Indian laws began with the enactment of the Charter Act, 1833 by the British Parliament which led to the establishment of the first Law Commission under the chairmanship of Lord Macaulay.

The Law Commissioners decided to put the criminal law of the land in two separate codes. The first to be placed on the statute book was the Indian Penal Code formulating the substantive law of crimes. This was enacted in October 1860 but brought into force 15 months later on January 1, 1862.

The first Code of Criminal Procedure was enacted in 1861, which consolidated the law relating to the set-up of criminal courts and the procedure to be followed in the investigation and trial of the offence.


What did the IPC say?

Section 375 of the IPC made punishable the act of sex by a man with a woman if it was done against her will or without her consent. The definition of rape also included sex when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.

Also, sex with or without her consent, when she is under 18 years is considered rape. However, under the exception, sexual intercourse or sexual acts by a man with his wife, the wife not being under 15 years of age, is not rape.

Section 376 provided for seven years of jail term to life imprisonment to whoever commits the offence of rape.


What happened in 1972?

For over a century after 1860, the criminal law relating to rape and sexual assault cases remained unchanged until the watershed incident of the Mathura custodial rape case. On March 26, 1972 a young Adivasi girl named Mathura was allegedly raped by policemen in the Desai Gunj Police Station in Maharashtra. In the trial that ensued, the sessions court came to the conclusion that she had sexual intercourse while at the police station but rape had not been proved and that she was habituated to intercourse.

While the sessions court acquitted both the policemen, the High Court reversed the order of acquittal. When the case reached the Supreme Court, it overturned the High Court verdict saying that “the intercourse in question is not proved to amount rape”.

The top court, in its September 15, 1978 verdict, said no marks of injury were found on the girl after the incident and “their absence goes a long way to indicate that the alleged intercourse was a peaceful affair”.


Why was the Criminal Law Act amended?

The controversial verdict sparked widescale protests across the country seeking a change in existing rape laws. This culminated into the Criminal Law (Second Amendment) Act of 1983. A new Section 114A in the Indian Evidence Act of 1872 was inserted which presumed that there is absence of consent in certain prosecutions of rape if the victim says so. This applied to custodial rape cases.

In the IPC, Section 228A was added which makes it punishable to disclose the identity of the victim of certain offences including rape.


Are the laws gender neutral?

Following the direction of the Supreme Court in a public interest litigation (PIL) initiated by a non-governmental organisation to widen the definition of sexual intercourse in Section 375 of the IPC, the Law Commission in its 172th report recommended widening the scope of rape law to make it gender neutral.

While the rape law in India even today remains gender specific, as the perpetrator of the offence can only be a ‘man’, the 172nd report led to the amendments in the Indian Evidence Act in 2002.

A new provision was inserted which barred putting questions in the cross-examination of the victim as to her general ‘immoral character’ in rape or attempt to rape cases.


Are rape laws stricter now?

The nationwide public outcry, in 2012, following the December 16 gang rape and murder in Delhi, led to the passing of the Criminal Law (Amendment) Act in 2013 which widened the definition of rape and made punishment more stringent.

Parliament made the amendments on the recommendation of the Justice J.S. Verma Committee, which was constituted to re-look the criminal laws in the country and recommend changes.

The 2013 Act, which came into effect on April 2, 2013, increased jail terms in most sexual assault cases and also provided for the death penalty in rape cases that cause death of the victim or leaves her in a vegetative state.

It also created new offences, such as use of criminal force on a woman with intent to disrobe, voyeurism and stalking.

The punishment for gang rape was increased to 20 years to life imprisonment from the earlier 10 years to life imprisonment.

Earlier, there was no specific provision in law for offences such as use of unwelcome physical contact, words or gestures, demand or request for sexual favours, showing pornography against the will of a woman or making sexual remarks. But, the 2013 Act clearly defined these offences and allocated punishment. Similarly, stalking was made punishable with up to three years in jail. The offence of acid attack was increased to 10 years of imprisonment.


What about offences against minors?

In January 2018, an eight-year-old girl in Rasana village near Kathua in Jammu and Kashmir was abducted, raped and murdered by a group of men. The news of the shocking act led to nationwide protests and calls for harsher punishment.

This led to the passing of the Criminal Law (Amendment) Act, 2018 which for the first time put death penalty as a possible punishment for rape of a girl under 12 years; the minimum punishment is 20 years in jail.

Another new section was also inserted in the IPC to specifically deal with rape on a girl below 16 years. The provision made the offence punishable with minimum imprisonment of 20 years which may extend to imprisonment for life.

The minimum jail term for rape, which has remained unchanged since the introduction of the IPC in 1860, was increased from seven to 10 years.

Is rape under-reported (or over-reported) in India?

Delhi: Unprecedented surge in filing of false rape cases

False cases behind Delhi's tag of rape capital: Court

PTI | Jul 27, 2013

The Times of India

The court said that after the Delhi gang rape [of December 16, 2012], it led to an atmosphere where "the mere statement of a lady that she has been raped, came to be taken as the gospel truth, on the basis of which the accused was arrested and chargesheeted".

Madras: 48% cases are false: HC

Increase in fake harassment cases against men a concern: Madras HC

A Subramani The Times of India Dec 26 2014

`Wronged' women may lie but numbers don't. The Madras high court has reeled out statistics and expressed concern at the rising incidence of false cases against men on charges of rape, dowry death and harassment of women.

Justice S Nagamuthu, quoting National Crime Records Bureau data, said on Monday , “So far as crimes against women are concerned, statistics show that in rape, dowry de ath, harassment of married women and outraging modesty of women, percentage of false cases are 7.4%, 6.6%, 9.6% and 5.8% respectively“

Empathizing with men burdened with such cases, the judge said, “Those implicated in these false cases suffer in terms of humiliation, loss of money , loss of working hours, loss of mental peace and at last loss of employment as well. Most of the accused implicated in these false cases hail from poor strata of the society for whom some hearts bleed.“ Nagamuthu pointed out that in 2000, only 7.55% of all cases registered in the country were false. Citing the latest report on crime in India for the year 2012, he said the percentage of false cases was a staggering 48%.

Delhi: Tougher rape law leading to increase in false cases?

Sana Shakil,TNN | Feb 22, 2014

The Times of India

NEW DELHI: Fears have been expressed that strengthening of the law against sexual offenses after the Nirbhaya case has also led to an increase in false cases. Now, there's some evidence to support this claim. Statistics on the disposal of rape cases in Delhi's trial courts show a sharp increase in the acquittal rate after the infamous December 16, 2012, gang-rape.

While in 2012, the acquittal rate in rape cases was 46%, in the first eight months of 2013 (for which exact figures are available) it shot up to 75%. Sources said acquittals remain high this year as well, accounting for around 70% of the cases.

Legal experts say the high acquittal rates are because of a spurt in the number of false rape cases being filed. The observations of judges in acquittal cases also bear this out.

"This is an unfortunate trend. In many cases, women come up with the plea that they had registered the case out of anger and due to misunderstanding," said additional public prosecutor A T Ansari, one of the main prosecutors in the Nirbhaya case. A senior woman lawyer, who did not wish to be named, said, "It's sad but true. Registration of false cases is rampant and hence, the alarming acquittal rate. The new law is being misused because of the widened definition of rape."

Experts feel the amended law is "widely-worded" and "ambiguous" in parts and lends itself to misuse. "In around 90% of acquittal cases, the victim turns hostile. Mostly, it turns out to be a case of a relationship gone bad. The sex is consensual but the victim claims that the consent was given on account of promise of marriage," said a senior public prosecutor on condition of anonymity.

Other reasons for registering false cases seem to range from extortion, recovery of dues, property disputes and extra-marital affairs.

Laws dealing with sexual offences against women were strengthened post Nirbhaya incident to provide speedy justice and greater security to women. Ironically, the conviction rates were higher when the laws were less stern.

Explaining how the new laws were more vulnerable to misuse, a former senior prosecutor said the consent of the victim, which had earlier been a debatable issue among judges, was settled with a clarification in Section 375 of IPC. It specified that absence of physical resistance cannot be construed as consent. "I feel there should have been an exception to the false promise of marriage concept because that is the excuse which is mostly taken up by women to register false cases even though the sex was consensual," the senior lawyer said.

Though there is a provision to prosecute people for perjury if they lie in court, its rarely exercised to prosecute women in these false cases. "The courts generally don't use this discretion because they don't want genuine victims to be wary of approaching courts for justice," said senior advocate Aman Lekhi.

Worried over the disturbing trend of false complaints, even fast track courts trying cases of sexual offenses have been raising concerns over the matter. In July last year, while acquitting a 75-year-old man of the charges of raping his maid, a fast track court observed that the capital has earned the notoriety of India's rape capital because of the increase in false rape cases being registered in the city. The alleged victim in this case had admitted that she registered the case because she wanted to usurp the accused's property.

In January this year, additional sessions judge Virender Bhat expressed the need for empowering courts to order compensation for persons who get implicated in false cases. The judge, while acquitting a man of rape charges registered by a married woman in March 2013, remarked it was "a voluntary liaison" which was turned into a rape charge after the woman's husband pressured her into lodging a complaint.

Recently, another fast track court judge, ASJ (Ms.) Nivedita Anil Sharma observed that there was a trend of registering false complaints by women who wanted to save themselves embarrassment after an extra-marital affair.

’Women lodging false rape cases should be punished’

Women lodging false rape cases should be punished: Court

PTI | Jan 28, 2015

Time has come for courts to deal firmly with women filing false rape complaints as they are tormentors warranting punishment, a Delhi court has said.

False rape cases makes the crime graph shoot up, play havoc with the crime statistics and tend to trivialize the offence of rape and, "no sooner that the news of a person having been accused of rape spreads in the society, he is looked down upon by all and sundry," it observed.

While the act of rape causes intense emotional distress and immense humiliation to the victim, at the same time one cannot lose sight of the fact that false implication in a rape case causes equal humiliation, disgrace and mental agony to the accused, the court further said.

"He (rape accused) as well as his family is ostracised from the mainstream. He is humiliated and ridiculed everywhere. Even his honourable acquittal by the court is not taken note of and does little to salvage his lost honour and dignity. He has to live with the trauma of having been a rape accused throughout his life," Additional sessions judge Virender Bhat said.

The court made the remarks while directing lodging of a complaint against a woman who had registered a false rape case against a Delhi businessman at the behest of someone who wanted to settle scores with him.

"This court would be failing in its duty if appropriate proceedings are not initiated against the prosecutrix (woman) for giving false evidence against the accused," it said.

Indpaedia's take

After the Nirbhaya/ Damini rape of Dec 2012 the stigma attached to having been raped suddenly lessened at least vis-a-vis the stigma attached to having had consensual sex outside marriage, if not in absolute terms as well. This, too, explains the surge in filing of false rape cases since Dec. 2012. Please see the cases mentioned below.)

Failed live-in relationships later called rape

Failed live-in relationships account for 21.6% of Gurgaon rape complaints

It gets knotty when they don't tie the knot

Sanjay Yadav, TNN | Jul 24, 2013

The Times of India

GURGAON: The city is witnessing the emergence of a trend in intimacy with eight live-in relationships ending in rape complaints in the last three months. These eight rape cases are a sizeable percentage of the total 37 cases in the past six months.

Failed live-ins behind rise in rape cases: HC

New Delhi: TIMES NEWS NETWORK

The Times of India Jun 20 2014

Young Adults Acting Immaturely, Says Court The court's observations came while upholding the life term given to four members of a Delhi-based girl's family for killing her lover as they did not approve of the relationship

One of the major reasons for increase in rape cases is the failure of live-in relationships or young adults acting immaturely by getting into commitments that end up in break-ups, the Delhi high court has observed.

A bench of justices [Mr.] Kailash Gambhir and [Ms.] Sunita Gupta made these observations while upholding the life term given to four members of a Delhi-based girl’s family, including her father, for killing her lover as they did not approve of the relationship.

Affair gone bad no ground for rape charge: Bombay HC

Shibu Thomas, TNN | Jul 12, 2013

The Times of India

MUMBAI: A love affair gone bad is no reason to charge a man who got a woman pregnant with rape, the Bombay high court has ruled. Justice Sadhna Jadhav acquitted Borivali resident Manesh Kotiyan (39) of rape charges three years after his arrest and subsequent conviction.

"The very fact that the prosecution has admitted in the cross-examination that she had a love affair with the accused and she desired to marry him. In these circumstances, offence under Section 376 of the IPC (rape) would necessarily fail," said Justice Jadhav ruling that the rape charges against Kotiyan were "unsustainable".

The court went through the prosecution case and noted that the accused had proposed to the girl. "The complainant is an educated adult person," said the judge. "She was fully aware of the fact that he (Kotiyan) was attracted to her. She chose to accompany him to Gorai. She also checked into a hotel to celebrate his birthday. She was aware of the consequences," said the judge.

"She had not cried for help and had not taken her resistance to a logical end. Hence, it would not be justifiable to hold that the consent was obtained by intimidation, force meditated imposition, circumvention surprise or undue influence," said the judge.

The court, however, upheld Kotiyan's conviction on charges of cheating as he had failed to disclose to the victim that he was married and had children. Since he has served around three years in prison, the court ordered his release.

"There is no evidence that the accused coerced her and raped her," said advocate Arfan Sait, who was appointed by the high court legal aid cell to defend Kotiyan. "He had always intended to marry her and had told her he would do so once the divorce proceedings ended."

The case dates back to March 2010, when the girl who was four months pregnant lodged a case of rape against Kotiyan. The two had met when they were working at a stationery shop in Borivli. In November 2009, they had gone to Gorai to celebrate Kotiyan's birthday, where according to the prosecution he forced her into having sexual intercourse. A sessions court in 2012 held Kotiyan guilty of rape and sentenced him to seven years rigorous imprisonment. Kotiyan filed an appeal in the HC. "It is clear from her deposition that she had lodged the FIR in a fit of rage," the HC said.

Live-in partners accused of rape get bail soon

Unlike in other rape cases, live-in partners accused of rape are usually out on bail soon.

"In many cases you find that the couples have been living together for almost a decade and one fine day the female partner wakes up and alleges rape. In many cases we do see that it's a frame-up but our hands are tied," a senior police officer told The Times of India on condition of anonymity.

When contacted, Alok Mittal, police commissioner, said, "If any complainant comes with a complaint of rape to us, we immediately lodge an FIR and arrest the accused. We present our investigation report in court and the court decides on the veracity of the allegations.

"It may be a new trend in live-in relationships, but on our part, we never delay lodging the FIR and arresting the accused. We do not sit in judgment on the allegation and do not make any subjective observation," the police commissioner said.

There were a couple of recent cases of fatality in live-in relationships that did not fit into the 'rape' trend. A Delhi Police inspector of the Special Cell (encounter specialist) and his live-in partner were found shot dead in suspicious circumstances at the woman's home in Ardee City in May. Earlier, a 24-year-old woman in a live-in relationship in rented accommodation near Sector 44 had committed suicide on April 14 by consuming a poisonous substance.

Supreme Court's anxiety over failed relationships being later termed rape

Can a failed relationship be later termed rape, asks SC

Dhananjay Mahapatra New Delhi: TNN

The Times of India Jun 28 2014

Court Worried Over Spurt In Such Cases, To Examine Issue The Supreme Court in June 2014 asked the question which had rankled the Delhi high court last year — Can a failed consensual relationship between adults lead to filing of rape charges against the man? In a judgment last year, the HC had flagged the issue and said rape cases were being used as “a weapon for vengeance and vendetta” to harass and even force a man to marry.

The Supreme Court did not pass any order. But it expressed anxiety over the recent spurt in such cases.

The case before the apex court concerned a failed relationship between a top IDFC banker and a former airhostess with an international airline. The man said the highly-educated and net savvy woman knew all along that he was married with two children and it was impossible to hide his marital status. He said he could not have induced sexual relationship on the promise of marriage. The woman in her complaint accused him of sexually abusing her on the promise of marriage and threatening to circulate an indecent video of her pre pared by him.

A vacation bench of Justices Vikramjit Sen and S K Singh asked: “Why did you take the indecent photograph? You say it was a selfie. Is it possible to take selfie of the whole body? Senior advocate Sidharth Luthra, appearing for the accused, said: “People get carried away in such relationships. They had a peculiar relationship. The bench asked, “Peculiar? It can be called a cupid relationship not a stupid relationship.“

When Luthra said that “breach of promise to marry“ was not an ingredient for rape charges, the bench asked: “Where is it held that if you had a relationship for two years, it becomes rape when it failed?“ Luthra conceded that there was a judgment to that effect by the Supreme Court.

U.S. live-in partner and father of her child accused

`THEY HAVE A DAUGHTER' - 26-year-old alleges rape by US pilot

Raj.Shekhar@timesgroup.com New Delhi:

The Times of India Jul 16 2014

A 26-year-old woman has accused an American pilot with a big airline of raping her on the pretext of marriage, police sources said.

The complainant, who stays in south Delhi, claimed to have been introduced to the pilot by a common friend, who is an air hostess, at a party four years ago. He proposed soon after they became friends. She alleged that the man entered into physical relations with her by promising to marry her and she became pregnant.

The woman, who belongs to West Bengal, said she was in a live-in relationship with the man for some time and they had a daughter. However, the man clandestinely changed jobs and shifted base to Singapore, she told cops. She claimed to have made several unsuccessful attempts to contact him.

Former lover accused of rape

Man accused of 'raping' lover let off

TNN Sep 16, 2013

The Times of India

NEW DELHI: A man accused of raping a married woman on the false promise of marriage has been acquitted by a Delhi court, which observed it was a case of an "extramarital affair being converted into rape".

The court said the 25-year-old woman, who has four children, filed a false case against her lover to save herself from "embarrassment", after her husband found out about the affair.

"This trend of extramarital affairs being converted into rape has become common and many cases on similar allegations have been filed. When a woman is not in a capacity to marry another man, then why should her paramour be prosecuted, incarcerated and be tried for rape when it is actually an affair," said additional sessions judge [Ms.] Nivedita Anil Sharma, adding that with changing times, the understanding of "morality" is also changing.

Journalist ‘raped’ for 6 years by live-in partner

The Times of India Feb 22, 2015

A 34-year-old journalist has alleged that she was raped by her live-in partner on the pretext of marriage in south Delhi's Vasant Kunj area. The police have registered a case against the 38-year-old man, who is absconding.

According to the woman, they were living together for the past six years. The man is a resident of Vasant Kunj. In her statement to the police, she claimed that the man raped her several times over the past six years. He allegedly refused to marry her after learning that she was pregnant. He even tried to abort her pregnancy, said a police source.

According to police officers, the woman met the accused after she got divorced seven years ago.

Man accused of raping former lover acquitted

Rebecca Samervel, TNN | Oct 2, 2013

The Times of India

MUMBAI: A sessions court on Tuesday acquitted a man accused of raping his former girlfriend and emailing her nude pictures to several employees of her company.

Special Judge [Ms.] Vrushali Joshi acquitted the accused after the prosecution failed to prove its case.

It was the prosecution's case that the accused (32) had raped and abused the 22-year-old woman on several occasions between June 2006 and December 2007. Defence advocate Amin Solkar argued that the sex was consensual and there was no evidence to show that the accused had actually sent the emails or pasted the pictures. "The camera from which the pictures were taken was actually recovered from the woman," Solkar said.

In her statement to the police, the woman said the duo had made attempts to elope and get married, but their plan did not materialize.

The woman claimed that she had found out that the accused was previously married. When confronted, he assured her that he would get a divorce.

Refusal to marry later called rape

See also the page Rapes in India: court verdicts, especially the section 'Is sex on promise of marriage rape?'

Neighbour raped her for years, refused to marry

The Times of India

Woman alleges rape, blackmail

New Delhi: A woman has alleged she was raped by her neighbour for the past few years after being blackmailed by him. She claimed that she was first raped at Buddh Garden in 2007 during which the man had clicked a few photographs of her which he had used to blackmail her later.

After she asked the man to marry her and he refused, she registered a case with Gulabi Bagh police station.

Police officer rapes for three years on assurance of marriage

Woman accuses police officer of rape, moves HC for CBI probe

PTI | Feb 25, 2014

NEW DELHI: A young woman has moved the Delhi high court accusing a Delhi police officer of having raped her over the last three years on the false assurance of marriage and sought a CBI probe into the case.

Live-in partner raped her for two years

Man held after woman cries rape

New Delhi: TNN The Times of India Jul 05 2014

A 26-year-old woman who worked as an actor in a theatre group has alleged that she was raped for the past two years by her male friend on the pretext of marriage. The man has been arrested. A case of rape has been registered

Police said the 28-year-old man used to stay with the woman at a rented house in east Delhi’s Jagatpuri area. She alleged that the man kept on making excuses of not marrying her for the past few months and had even planned to run away.

He raped her every week or fortnight but later refused to marry her

Delhi Police official booked for rape

IANS | Feb 9, 2014

NEW DELHI: A Delhi Police assistant sub-inspector was booked for raping and making video clip of a woman.

On the order of additional chief metropolitan magistrate Tarun Yogesh, police lodged a First Information Report (FIR) last week against ASI Varun Jha on charges of raping and criminally intimidating the woman.

Considering the gravity of allegations against a police official, the court said the case be investigated by an officer of the rank of an Inspector, preferably a woman officer, and directed that the probe be carried out under the direct supervision of the assistant commissioner of police (ACP) concerned.

In her complaint, the woman alleged that she met Jha about three years back and the two became friendly. She said on the promise of marrying her, the police official established a physical relationship by forcing her, despite her objection.

"Thereafter, Jha continued raping her every week or fortnight upon false promise of marrying her," the woman said in her complaint. Later, Jha refused to marry her.

She said Jha made a video clip of their relationship on a mobile phone. He threatened to show the recording to her family if she tried to force him into marriage.

She had sexual intercourse under the promise of marriage

Court acquits man accused of rape

New Delhi TIMES NEWS NETWORK

The Times of India Jun 19 2014

A trial court has acquitted a man accused of raping a woman after promising to marry her. The court held that the woman’s own statement proved that she had sexual intercourse with accused Puneet with her free will though under the promise of marriage.

Kalka man rapes girl on the pretext of marriage

Kalka man rapes and blackmails 25-year-old

TNN | Jun 28, 2013

The Times of India

CHANDIGARH: A 25-year-old girl from Sector 40 was raped and blackmailed by a Kalka resident who threatened her with the leaking of an objectionable MMS.

Police said Chetan developed a physical relationship with the girl on the pretext of marriage and filmed her. When the victim talked to him about marriage after four months, he refused and stopped taking her calls.

Railway Minister’s son and the actress

Railway Minister Sadananda Gowda’s son Kartik faces arrest over rape charge

Express News Service | Kochi | August 29, 2014

A Kannada actress, whom Railway Minister D V Sadananda Gowda’s son Karthik Gowda had been courting for the four previous months, actress accused 28-year-old Karthik of marrying and dumping her after his family objected to their relationship.

The 27-year-old actress filed her complaint hours after Karthik, the only son of the Railway Minister, got engaged to a girl of his mother Datty Gowda’s choice, a businessman’s daughter from Kodagu district of Karnataka, where Sadananda Gowda’s wife also hails from, [a day before the actress made the allegation].

At a press conference, the actress made an appeal to Prime Minister Narendra Modi to come to her assistance. The actress and her family members have said that the Railway Minister’s son was keen to marry her but all such plans were doused by his family a week ago. [Contradiction: Was he ‘keen to marry her’ or did he ‘marry and dump her’?]

She said Karthik took her to his family home in Mangalore in June this year and tied a thread around her neck on June 5 signifying a marriage. He introduced her to his friends as his wife, she claimed.

Mumbai: Crying rape after consensual sex

`Woman can't cry rape after consensual sex'

Rebecca Samervel The Times of India Dec 30 2014

Mum Court Acquits Accused After Woman's U-Turn

A sessions court recently acquitted a man of charges of rape under the pretext of marriage, taking into consideration the 36-year-old complainant's matured age and her marital status.

“Obviously , a married lady , a matured woman having two children with her own consent keeps sexual relations with the accused at various times, therefore ingredients of Section 375 (rape) of IPC are not attracted,“ additional sessions judge Shaida Razvi said in her six-page detailed judgment.

Interestingly, the woman had attributed the filing of the case to a “misunderstanding“, turned hostile in court and said during the trial that she did not want to proceed against the accused. But Razvi had said that even if the case is viewed on merit, the accused deserved an acquittal.

The case was registered on March 30, 2013. The woman claimed she knew the accused as they lived in the neighbourhood and that they had been meeting secretly for seven years as the man had a soft corner for her. She told police she was married and had two children, both now adults. She had separated from her husband in 2012 after a fight. Her daughter lived with her and the son stayed with her estranged husband.

She alleged that on November 9, 2011 at around 10pm, the accused asked her over to his house. He asked her to marry him and have a sexual relationship with him. When she said she would think it over and was about to leave the house, he shut the door and forced himself on her. He assured her that he would marry her and requested her not to talk about it as it would affect his reputation. A few days later, the man took her to a lodge, put a mangalsutra around her neck, applied sindoor and said they were now married. He promised he would register the marriage too. After this, they had sex on several occasions at various guesthouses and lodges until February 2013. On February 18, 2013, she claimed that the accused took her to a flat and rented it claiming they were husband and wife. Despite living together, the accused did not formally marry her and went on giving her false assurances, she claimed, leading her to file the complaint.

The accused pleaded not guilty. The woman also did an about turn, telling the court that on November 4, 2011 it was she who had gone to the house of the accused and had sex with him willingly. The accused never had sex with her under false assurances.

Delhi: ‘No proof that consent given on promise to marry’

PTI | Jan 21, 2016]

Court frees man of rape charges, terms it 'youthful eagerness'

A Delhi court has acquitted a rape accused saying he had consensual intimate relations in "youthful eagerness".A Delhi court has acquitted a rape accused saying he had consensual intimate relations in "youthful eagerness".

NEW DELHI: A Delhi court has acquitted a man of the charges of raping a woman on false pretext of marriage observing that the two, being in the prime of their youth, had consensual intimate relations in "youthful eagerness".

Additional sessions judge Virender Bhatt, while acquitting Haryana resident Vikul Bakshi on the basis of the victim's "contradictory and inconsistent" statements, said the prosecution failed to prove charges against the accused.

"It appears that the two, being in the prime of their youth, were having sexual relations with each other in youthful eagerness and nothing else," the court said.

It further said, "There is no evidence on record to suggest that the prosecutrix had given her consent to physical relations with the accused solely on the latter's promise to marry her or that he was having knowledge that she consented to physical relations with him only on promise to marry her."

The judge said the consent of the victim to establish physical relations with the accused appears to be voluntary and uninfluenced by any promise or assurance.

According to prosecution, the woman had lodged a case against Vikul under sections 376 (rape) and 506 (criminal intimidation) of IPC alleging that the accused forced upon her twice against her consent on false pretext of marriage and threatened to defame her if she insisted upon marrying her.

However, relying on the messages exchanged between them on social networking sites, the court said it "clearly indicates that the prosecutrix herself was eager to have sexual relation with the accused and she was not doing so on any promise of marriage with him."

The court said the perusal of these messages show that these are not normal routine messages and the woman and the accused have been discussing the manner in which they would enjoy the intimate act.

"Hence these messages demonstrate that the prosecutrix was a consenting partner to physical relations with the accused and she herself had been eager to enjoy sex with him and the plan to have sexual encounter December 11, 2014 had been made well in advance and it was not spontaneous," it said.

IPS officer ‘raped’ her in hotel after promising to marry

The Times of India

Maha IPS officer booked for rape

A Maharashtra cadre IPS officer has been booked in MP for allegedly raping an UPSC aspirant on pretext of marriage, police said on Friday. According to a complaint filed by the Jabalpur-based victim, 2013 batch IPS officer Lohit Matani raped her at a hotel in Tukoganj area in August after promising to marry her.

’Prof. raped her at 5-star hotel on pretext of marriage ‘

[Jan 09 2016 : The Times of India]


Ahmedabad prof `rapes' woman

New Delhi:

TIMES NEWS NETWORK



A professor with a prestigious institute in Ahmedabad has been accused of allegedly raping a woman at a five-star hotel in New Delhi on the pretext of marrying her.

Police said the incident occurred a year ago, but the woman approached them last we ek to lodge a complaint.

The 30-year-old woman, working with a city-based hardware company , said she became pregnant after the sexual assault. Later, the professor married her in a temple but without revealing the fact that he was already married and had a child from his first wife.

A few days after their mar riage, the woman suspected him of having an affair. She la ter found that the professor was already married and his wife worked in the same institute as a faculty.

Police registered a case of rape, criminal intimidation and criminal conspiracy against him and his accomplices at Barakhamba police station.

Scholar ‘rapes’ woman; 8 year relationship

JNU scholar arrested on rape charge Sep 15 2016 : The Times of India (Delhi)

A research scholar was arrested by Delhi Police for allegedly raping a 26-year-old woman on the pretext of marriage.

In her complaint, the woman had said that the man had been promising to marry her for the last eight years, but had refused to do so when her family members approached him.

Singh, who belongs to Madhya Pradesh, is pursuing PhD from Jawaharlal Nehru University (JNU). Earlier he used to stay at a hostel on the campus.

The woman said that she had met Singh when both of them were studying in Delhi University in 2008. The woman said that Singh had also taken money from her, which he did not return claiming he would repay her after marriage. However, for the last few months Singh had been rejecting her calls and refused to speak to her. Police said that a case under Section 376 of IPC (rape) was registered based on the complaint filed by the woman on Tuesday night and Singh was arrested within 24 hours.

Refusal to give apartment/ gifts is called rape

Five-year-old affair becomes rape when lover does not give her an apartment

Air hostess files rape charge

Sanjay Yadav, TNN | Oct 13, 2013

The Times of India

GURGAON: A 48-year-old property dealer has been arrested in Palam Vihar for allegedly raping a 29-year-old air hostess, who was a tenant in his house.

The victim claimed that she trusted her landlord, Rajiv Bagga, when he got intimate with her and promised to marry her. A source said that Bagga was already married twice and the victim had been involved with him since 2008. She had pleaded with him to marry her earlier but he had calmed her with the promise of gifting her a flat. Some days ago, when she got to know that the promised flat had already been sold by Bagga, she felt duped.

Criminal raped her for 4 years, lured her with gold, clothes and promises of marriage

In most countries she would be called a gangster's moll or mistress. In India she is called a 'rape survivor.'

Mahanand raped me for 4 years, says victim

Preetu Nair & Rajeshree Nagarsekar, TNN May 23, 2009, 04.21am IST


The Times of India

PANAJI: A 23-year-old rape survivor revealed that dupatta killer Mahanand Naik raped her everyday for four years and then lured her with gold, clothes and promises of marriage. When she objected, he threatened her, she alleged.

"For four years, he wouldn't allow me to talk to anyone. If I talked to a man, he would threaten me. Two years ago I got a marriage proposal from Ponda. Mahanand went to the boy and told him that I am his girl', thereby destroying my marriage prospects," revealed [name concealed],.

Interestingly, Mahanand never beat her or tried to kill her. On the contrary, he lured her with promises of marriage, jewellery and clothes. "He gifted me clothes, gold jewellery and also promised to marry me. I had no option but to believe him as I had no one to turn to for help," she said.

Refusal to give/ continue employment later called rape

Consensual sex turns into rape on not getting the employment promised

Court sees consent, frees rape accused

The Times of India

New Delhi: A trial court has acquitted a man of raping a woman saying physical relations between them were maintained with the girl’s consent. “The fact that she stayed with the accused, fully knowing that he was staying alone and used to cook meals for him and they both lived as husband and wife, do bring us to the conclusion that she consented to physical relations,” the court said.

Additional sessions judge Yogesh Khanna, however, convicted the man of wrongfully restraining and beating the woman. “The bare fact the prosecutrix knew that the accused is a married man and, (knowing she cannot marry him) yet continued to stay with him, making physical relations and not filing any police complaint shows that she had consented to such relations.” The accused was arrested after the woman, a cook, alleged that since September 2011, while she was living with him at his south Delhi flat, she was raped on several occasions by the accused on the assurance of getting her employed soon. TNN

He raped her 16 times in five years but did not give her a film role

In other countries this is called the 'casting couch'

Madhur Bhandarkar (left) and Preeti Jain

Preeti Jain 'rape' case: Madhur Bhandarkar gets relief after 9 years

New Delhi, Mon Nov 05 2012

IndianExpress

The Supreme Court today quashed the ongoing criminal proceedings of Bollywood film director Madhur Bhandarkar on allegations of rape levelled by actress Preeti Jain.

The actress had lodged a complaint with the Versova police in July 2004 alleging that Bhandarkar had raped her 16 times between 1999 and 2004 on the pretext of casting her as actress in his films.

She alleged Bhandarkar promised to marry her and to cast her in his films, but he went back on his promises later.

Complaint Filed By Ex-Staffer After Sacking

MNC director accused of rape

Company Says Complaint Filed By Ex-Staffer After Sacking

Rao Jaswant Singh &Sanjay Yadav TNN

The Times of India

Gurgaon: A 32-year-old former employee of consultancy major Aon Hewitt has accused a director of the company of raping her inside his office chamber in the company’s Gurgaon office.

The woman, who was an operations manager at the company’s Noida branch but also spent time in the Gurgaon office, has alleged that the director often called her to his cabin and “indulged in activities which can be defined as rape according to the new legislation”. She also accused two other senior officials of calling her to their cabin and making her watch porn and molesting her.

When contacted, an Aon Hewitt spokesperson said in a mailed response: “(The woman) was terminated from employment on December 3, 2013. Following a complaint received, Aon Hewitt conducted an internal investigation which found that she had not adhered to the rules, regulations and policies of the company.

Refusal to pay for sex later called rape

Sex worker can't cry rape if denied money: SC

Dhananjay Mahapatra, SC: Sex worker can't cry rape if denied money, Oct 12 2016 : The Times of India

New Delhi: Acquitting three persons of rape charges, the Supreme Court has ruled that a sex worker cannot lodge a sexual assault complaint against her customers if they refuse to pay .

A bench of Justices Pinaki Chandra Ghose and Amitava Roy said that though the evidence given by a woman alleging rape must get importance from the trial court, it could not be taken as “gospel truth“.

“The evidence of prosecutrix must be examined as that of an injured witness whose presence at the spot is probable but it can never be presumed that her statement should always, without exception, be taken as gospel truth,“ the bench said.

The ruling came in a 20-year-old case from Bengaluru. A woman, working as a maid, had alleged that three persons abducted her in an auto, took her to a garage and repeatedly raped her.

The three accused had challenged a Karnataka high court order directing their prosecution. The SC bench examined the witness all over again and said, “Her conduct during the alleged ordeal is also unlike a victim of rape and betrays somewhat submissive and consensual disposition.“

In her statement to the trial court, the woman had said that after the three accused dumped her, she went back to locate the garage where she was raped before lodging the complaint so as to enable her to give proper evidence about the crime.

The woman's roommate, however, spill ed the beans while deposing as a witness.She said the woman used to take financial help from the accused persons and, after completing her household work, used to indulge in prostitution at night. The roommate further told the court that the woman had approached the accused persons for Rs 1,000 which they declined to give.

When asked why she had lodged the complaint against the accused persons, the woman had said that it would have compelled them to pay the money she wanted.

The bench said, “This witness's version is plausible, and thus, fits in with the defence plea to demolish the prosecution case.“ Writing the judgment for the bench, Justice Roy said, “Her vengeful attitude in the facts and circumstances, as disclosed by her, if true, demonstrably evinces a conduct manifested by a feeling of frustration stoked by an intense feeling of deprivation of something expected, desired or promised.“

Acquitting the three accused, Justices Ghose and Roy drew the conclusion, “We are of the unhesitant opinion that the prosecution has failed to prove the charge against the appellants to the hilt as obligated in law and thus, they are entitled to benefit of doubt.“

'He raped me for several years/ months'

He raped her for seven months in hotel rooms in tourist resorts all over India

22-yr-old UP girl accuses IAS officer of raping her

TIMES NEWS NETWORK

The Times of India

Jaipur: A 22-year-old woman has lodged an FIR against IAS officer B B Mohanty, accusing him of raping and sexually exploiting her for seven months after promising to help her clear the civil services examination and later marry her.

The woman, who is from Uttar Pradesh and used to live in a Jaipur hostel, said the officer raped her for the first time at a flat occupied by him in the city on February 19 last year. She alleged that over the next few months Mohanty took her to several places — including Udaipur, Goa, Chennai and Bharatpur — where they stayed in hotels and he sexually exploited her.

SHO Mahesh Nagar Ramavtar said the IAS officer took the woman to his flat on February 17 and molested her that day and then raped her on February 19.

[Three months before her present accusation,] in November [2013], the woman had accused the 52-year-old owner of her hostel of raping her. Ramgopal Kumawat was arrested following the allegation. He is still in judicial custody.

Fashion model was raped in hotels on several occasions

Mumbai model accuses senior IPS officer of rape

Nitasha Natu,TNN | Jul 24, 2014 The Times of India

MUMBAI: A senior IPS (police) officer has been booked by Malwani police on charges of raping a model.

The model has complained that she used to visit Paraskar, when he was posted in the north region, for some work for which she needed his help. She has alleged that she was taken to a hotel in Malwani where she was raped on several occasions.

The model sought notoriety

Rape allegation against Maharashtra top cop Sunil Paraskar is for 'publicity': Model's ex-lawyer

PTI | Aug 5, 2014

A former lawyer of the alleged victim, a model-turned-actress, has said she never told him about the rape and claimed she brought up the charge to gain publicity to enter a reality show.

"I have submitted the messages exchanged between me and the victim through SMSs and WhatsApp. After going through these messages, it will be clear that she (the model) filed the case against DIG Paraskar purely for publicity so that she gets a place in a reality show," Rizwan Siddiqui, who earlier represented the model, has told the police.

Man rapes friend for nine years

Man rapes friend for nine years; case registered

Press Trust of India | Posted on Jul 21, 2013

IBNlive

A forty-year-old woman was allegedly raped and blackmailed by a loan agent-cum-trader for nine years in Hasanpura area of the city, police said on Sunday.

Victim living alone in the city had clearly mentioned that she had earlier friendship with the accused for nine years, and he used to visit her home too.

Accused was working as loan agent and was paying good interests on her money lent to customers, but all of sudden his intention turned bad, and committed rape on a number of occasions in the city hotels and her home, SHO said.

The accused had blackmail her with obscene pictures, police said, adding he had stolen some stamp papers and cheques from her house also.

He raped her for six years

In another case, a 57-year-old CEO of a tour operator company was arrested by city police for allegedly raping his live-in partner. She accused her partner of raping her for six years on the pretext of marriage. The complainant, a 42-year-old owner of a spa-cum-salon in the city, had alleged that the CEO had shown her a fake divorce certificate to lure her. The accused, who was sent in judicial custody, was granted bail after some days.

Man rapes woman colleague for 3 yrs

The Times of India

A24-year-old woman from Rajkot had allegedly been raped for three years by her colleague in different parts of Gujarat on the promise of marriage. The woman is a diploma engineer and was in Surat since 2010. She was an employee of an online marketing firm for which Verma, too, worked. Her family stays in Rajkot. The woman was allegedly raped by the accused in hotels near Rajkot and other areas of the city. TNN

He raped her for two and a half years

On June 11 a woman, who worked as a software engineer in a Gurgaon-based company, accused her live-in partner of raping her for two and a half years on the pretext of marrying her. The victim was previously married to another man but left him to be with the accused and has a nine-month-old child from the relationship. Sector 40 police lodged an FIR and arrested the accused, who was later sent in judicial custody.

They raped her three times a year ago

Woman alleges repeated rape by AAP candidate and associates

PTI | Mar 27, 2014

GWALIOR: A 30-year-old woman has filed a complaint alleging that Aam Aadmi Party (AAP) candidate from Guna-Shivpuri Lok Sabha seat and three office bearers allegedly raped her at least three times over a period of more than a year, about a year ago.

Additional superintendent of police (ASP) Virendra Jain said that as per Supreme Court guidelines if an incident of rape is more than three months old, then an FIR in the matter would be filed only after a probe, which the police has initiated.

‘She was raped by him on several occasions'

Man freed of rape charge

The Times of India TNN Oct 12, 2013

A trial court has acquitted a man, accused of assaulting a New Zealand-based divorcee and raping her on the false promise of marrying her, saying the woman "voluntarily" had sexual relations with him as she was in love and wanted to marry him.

Police arrested the man in March 2013. The woman had alleged that she was raped by him on several occasions since April 2011 on the false promise of marriage after she got divorce from her Indian husband in September 2010. The woman had said that she met the accused through her ex-husband in New Zealand and they both became friends. "The accused used to visit her house since 2009.

"It is, therefore, beyond any shadow of doubt that the victim indulged in sexual intercourse with the accused voluntarily as she was in love with him and wanted to marry him. The sexual intercourse between the two was with her consent," the court said

Rape allegation on being caught In flagrante delicto

Police inspector rapes woman for one month

In other countries this is called 'In flagrante delicto'

SHO 'rapes' junior's wife, probe ordered

Purusharth Aradhak, TNN | Jul 15, 2013

The Times of India

BULANDSHAHR: A police station in charge was caught raping a constable's wife inside the police station in Khurja on Sunday morning.

The victim lodged a complaint with the police

The victim's husband is posted in the police lines. On Sunday at 5am, when he returned to his quarter in the police station, he allegedly found his wife and the station house in-charge in a compromising state. On seeing her husband, the victim screamed and ran towards him. She told him that the police inspector had been raping her for the last one month.

Lovers' tiff/ anger/ intoxication leads to rape allegation

Rape alleged when girl feels cheated; retracted when they marry

Mumbai couple bonded by love, hounded by rape law

Swati.Deshpande@timesgroup.com Mumbai:

The Times of India Jul 21 2014

It's a case that underscores the legal perils that shadow consensual sex between teenagers. A girl from Mumbai recently filed a rape case against her boyfriend of years when she felt cheated by him. Now married, the couple is trying hard to get the case quashed.

A bench of Justices V M Kanade and P D Kode, appeared increasingly incredulous as the young man's lawyer recounted the facts of the case. The Bombay HC last month gave him anticipatory bail, which was earlier denied by a sessions court.

The girl and the boy , neighbours in Borivli, were dating for around six years. The couple had sexual relations in 2012. But this year, the relationship soured.

The girl (now 18) complained to her father that he was borrowing money from her -she even sold some of her mother's jewellery -and spending it on other girls. The girl and her father, along with a social worker, filed a police complaint against the boy on May 15. It said the boy had sex with her after promising to marry her -a statement that, as always, prompted the cops to invoke the rape charge against him.

But a week later, the Gujarati girl married the Marathi boy , saying she was still in love.

The couple has realized a rape charge is not easy to shake off and cannot be settled out of court, with or without the court's consent. Nor can courts quash it simply at their urging.

Girl is intoxicated, alleges rape

FALSE CASE - HC summons `rape' survivor

Abhinav Garg, The Times of India, May 18 2015

A woman who levelled rape allegations only to later claim that she did it under the influence of alcohol is now in the dock.

The Delhi high court has asked the rape “victim“ to now appear before it, even as it granted interim protection from arrest to the accused.

According to the complaint, the victim was called by Kumar to his office in Rohini on the pretext of getting her a job. When she reached there, she was made to consume a soft drink laced with sedatives. The FIR stated that she became drowsy after which Kumar raped her. Later, when police produced her before a magistrate, the woman repeated her allegation but failed to specify if she was raped or subjected to sexual abuse. She only said Kumar forced her to drink alcohol and when she was back to her senses she was without clothes.

Even as police launched a hunt to nab the accused, the woman shifted her stand, moving an application in the court to reveal that sex with Kumar was consensual and police were called under influence of alcohol. A shocked magistrate then asked her to approach the HC and seek quashing of the FIR against Kumar on this ground.

Girl is called insane, gets angry, alleges rape

Man acquitted of rape charge The Times of India May 10 2015

A trial court has acquitted Samidul, a Jahangirpuri resident, of the charges of raping his 12-year-old cousin, saying the girl had lodged a false complaint.

The court also noted that the minor's mother, a key witness, did not support the prosecution's case. It added that the medical report of the girl [/ evidence on record] did not suggest she was raped or sexually assaulted. “The girl deposed that because the accused used to call her insane, she had lodged the present complaint,“ additional sessions judge Gautam Manan said.

‘She was raped for 2 years by lawyer within court’s campus’

Jan 12 2016 : The Times of India (Delhi)

`Need law against false rape cases'

New Delhi:

TIMES NEWS NETWORK


It's time we protect men from implications of trumped-up cases and uphold their “dignity and honour“, a trial court observed here on Monday while acquitting a lawyer in what turned out to be a false rape case.

Noting that the lawyer had been framed in the case, the court said he may now file a suit seeking damages from the complainant on account of “humiliation, distress and misery he suffered“.

The woman had alleged that she was repeatedly raped by the accused from 2010-2012 in his chamber inside the complex of a district court. Howev er, she retracted from her complaint while deposing in court, confessing that he was innocent and she had lodged a complaint against him out of anger. She even prayed for his acquittal in court. “No one discusses the dignity and honour of a man as all are fighting for the rights of women. Where's the law to protect a man from a woman when he is being persecuted and implicated in a false case? Perhaps, it's time to take a stand,“ additional sessions judge Nivedita Anil Sharma said. His plight may also con tinue after his acquit tal as the implication may have caused an uproar in society... but his acquittal may not even be noticed. He would continue to suffer the stigma of being accused of rape. It may not be possible to restore his dignity and honour nor compensate him for humiliation, misery and distress,“ the judge said.

According to the prosecution, the woman, who was working as a clerk with the man, lodged a complaint alleging that he had repeatedly raped her for two years and that he had also threatened to kill her if she disclosed her `plight' to anyone. The accused was subsequently chargesheeted for offences under sections 376(2)(n) (repeatedly raping a woman), 354A (sexual harassment), 354D (stalking) and 506 (criminal intimidation) of Indian Penal Code.

The woman, however, turned hostile while deposing as a prosecution witness. “The evidence of prosecutrix makes it highly improbable that such incident ever took place. She has categorically deposed that the accused didn't rape her nor threatened to kill her and her family.She did not have any grievances against the accused.She has even prayed for his acquittal,“ the court said, while acquitting the lawyer.

Rape allegation when unwed pregnancy discovered

He raped his sister-in-law repeatedly for two months while her sister was away

JNU student arrested for raping sister-in-law

The Times of India

New Delhi: A PhD scholar at JNU was held on Saturday for raping his sister-in-law.

The 16-year-old told police she was repeatedly raped by the accused, who is married to her elder sister, over two months and she became pregnant. The survivor, a Class VII student at a government school, had been living with the accused in Munirka area while her sister was with their parents in their village in UP.

The incident came to light when the girl was taken to hospital after she complained of stomach pain. Doctors said she was two months’ pregnant. The girl’s family had sent her to the capital for better education after the accused promised to take care of her.

’Gang-rape’ and conversion alleged

Twist in Meerut `rape' case

The Times of India Aug 09 2014

Investigations into the Meerut `gang rape and conversion' case, which has had the city simmering with tension for almost a week now, got a new twist on Friday with police claiming the 20-year-old woman was in a relationship with a man called Kaleem and it was he who had taken her to a hospital for an operation related to pregnancy .

The woman had earlier said four persons, responsible for her sexual abuse, confinement in a madrassa and forced conversion, had bundled her into a van and taken her to a clinic for a surgery.

“Her relationship with Kaleem surfaced with the help of a call detail report in which it was found that the woman had spent hours talking to this man before her disappearance on July 23,” said SSP Onkar Singh.

According to the police, the woman, accompanied by Kaleem, had approached a gynaecologist after she suffered acute pain in her abdomen. An examination found she had ectopic pregnancy, a condition in which the embryo gets implanted in one of the fallopian tubes. She had been carrying this for 45 days.

She was prescribed an immediate operation. On July 23, the couple reached Meerut Medical College and signed a consent form as ‘husband and wife’ after which the surgery began.

Cases that would be considered rape only in India

False cases give Delhi the label of 'rape capital': Judge

The Times of India

False cases are the reasons behind labelling of Delhi as the 'rape capital', a court in Delhi has held while acquitting a 75-year-old man on the charge of sexually assaulting his maid after the woman turned hostile.

The court said after the December 16 gang rape of a 23-year-old girl in a moving bus in Delhi, it led to the creation of an atmosphere that "the mere statement of a lady that she has been raped, came to be taken as the gospel truth, on the basis of which the accused was arrested and chargesheeted".

"This lead to an unprecedented surge in filing of false rape cases...It is these false cases which play havoc with the crime statistics, leading to the labelling of Delhi as a 'rape capital'," additional sessions judge Virender Bhat said, while acquitting Bhopal Sharma of the charge of sexually assaulting his maid.

The court observed that as acquittals in such cases are hardly ever reported, the falsely implicated persons lose their honour, dignity and status in the society and though these cannot be restored, "these victims" can be compensated so that they can start life afresh.

It also noted that "it is a matter of intense regret that even the frail, sick and aged persons are not spared from the false allegations of rape".

Bhopal Sharma and his maid (domestic employee)

The maid in her complaint had said a few days after she started working at Sharma's house in July 2012, he had raped her and after the incident, had promised to marry her.

Thereafter, he continued to have sexual relations with her on the pretext of marrying her, the maid had alleged, adding that she lodged the police complaint on October 11, 2012 after Sharma expressed his unwillingness to keep his promise.

However, during the trial, the woman turned hostile and said she had levelled false allegations on the advice of Anita and another person Kuldeep.

'The majority of the cases do not fit into the conventional bracket of rape'

Attention has once again been drawn to the security, legality and the apparent misuse of this much-professed institution of convenience. Gurgaon police arrest the accused without fail but a majority of the cases do not fit into the conventional bracket of rape.

When live-in relationships sour, it is usually because the women feel cheated by the fact that the alleged promise of marriage is not kept.

Consensual menage-a-trois called forced sex

Consensual sex lands couple in prison, friend in trouble

TNN | Aug 17, 2014 The Times of India

BANGALORE: A couple was arrested on Monday after a friend and neighbour alleged that she was forced by them to have sex with the man. The case has now taken a curious turn with police saying it was consensual sex that had the approval of the man, wife and her friend but went awry after the wife changed tack.

The couple had been arrested after their friend and neighbour from, complained to Gangammanagudi police about the forced sexual outrage that took place on July 27.

The complainant, a married woman, had a cordial relationship with Asha, 24, married to Dileep, 30, who worked as a bill collector with a local cable operator. The friend had expressed her desire to watch a porn movie with Asha, who also reciprocated and promised to get a porn VCD. Later Asha suggested to her friend that instead of watching porn, she could have a sexual encounter with her husband.

On July 27 around 9.30pm, Asha invited the woman to her house and facilitated the encounter with Dileep. "But after this, Asha turned tables against the woman accusing her of having an illicit relationship with Dileep for a long time. A quarrel ensued between the two and Asha threatened to inform the woman's husband. The woman panicked and told her husband that Asha had been accusing her of an illicit relationship with Dileep. He then suggested that she go to her parental home," said police.

Fearing ignominy, the woman and her husband approached Gangammanagudi police station and filed a case against the couple. Both Asha and Dileep were arrested and sent to judicial custody.

Both couples live in Shivananjappa Layout near Abigere close to Jalahalli

Borderline cases

Intoxicated girl says she was 'gang-raped' by friends who used contraceptives

19-year-old girl 'gang-raped' in Raipur

Rashmi Drolia, TNN | Aug 26, 2013

The Times of India

RAIPUR: Civil Lines police, while patrolling late on Sunday night, found [a] girl in Shankar Nagar locality in a suspicious state. During questioning, she claimed that she was gang-raped by five youths, who took her to an isolated place.

The girl retracted from her statement on Monday while taking to the media, claiming that all the five youth, named in her statement, were her friends and they didn't rape her. However, the police searched the crime scene, as earlier described by the girl, and found contraceptives.

Police sources claimed that the girl might have been physically involved with her boyfriend who later called his friends, who later gang-raped her. Girl was under the influence of alcohol when police brought her to police station.

Civil Lines town inspector [Ms] Manisha Thakur [arrested] the five accused [and released the names of all five to the media, tarnishing their reputations forever; the name of the girl who made the accusation was, as is the practice in India, kept a secret]. A case under Section 376 (2G) of the IPC was registered against the [five accused].

Girl raped by the man she eloped with, his friends

[Dec 31 2015 : The Times of India]

Girl alleges gang rape

New Delhi:

TNN

A 23-year-old woman has alleged that she was gang-raped by three men. Two of the accused were arrested on Tuesday , while a search is on the nab the other.

The woman said she had met the trio while doing a course at an aviation institute. A year ago, she had eloped with one of them, who took her to a house in Kailash Colony . She alleged that she was confined there for nearly a year-and-a-half during which she was raped by all three of them.

They even admitted her to a nursing home in Mehrauli after telling the doctors that her mental condition is unstable.

Her girlfriends film her being raped in her own house

[The Times of India]

Girls film friend's rape, upload clip

Two schoolgirls have been detained for allegedly colluding in and filming the rape of a friend at her house and uploading the clip online. A report has been filed, but the youth who allegedly raped the 16-year-old girl is at large, police said. Mrigank Tiwari

Extorting money by falsely alleging rape

Female gang alleges rape to extort money in ten cases

JULY 9 HEARING - Report sought on rape-law gang

New Delhi

TIMES NEWS NETWORK

The Times of India Jul 07 2014

Taking serious note of a complaint alleging misuse of anti-rape laws by a woman gang for extortion of money , a trial court has directed Delhi Police to file a detailed status report in the matter. The court also directed a DCP to personally appear before it on July 9 with the report saying, “any abuse and misuse of laws relating to crime against women by a group for attaining their nefarious ends needs to be checked, for it dilutes the cause in genuine cases.“

The complainant has alleged that a woman, who is a key member of the gang, has filed more than 10 false cases in the same police station in order to “extort money from innocent men.“

Additional sessions judge [Ms] Kamini Lau said if allegations made by the man regarding the complainant being a member of a gang indulging in extortion activities and filing false cases is correct, “then it is a serious matter which should have been looked and inquired into at the level of district head“.

False charges cause irreparable damage to the accused

[Sana Shakil, The Times of India]

Jan 18 2016 : The Times of India (Delhi)

`False rape cases give city a bad name'

Court Tells Cops To Book Woman

False rape charges not only cause immense distress and irreparable damage to the person who has been falsely implicated but it also gives the world a chance to label the city as rape capital, a trial court said while expressing concern over increase in filing of false rape cases in the city .

The court's remarks came while closing a rape and sexual harassment case against two men after it found that the woman had registered a false case to extort money from them.

Taking strict note of the woman's conduct, the court ordered the station house officer of Saket police station, where the case was lodged, to initiate legal action against her for filing a false complaint and for giving a false statement on oath.

Additional chief metropolitan magistrate Gaurav Rao passed the order while accepting Delhi Police's cancellation report. The woman had lodged a complaint against Vipin (name changed) alleging that he had promised her help to find her a job, and took her to an office where she was sexually harassed by Kunal (name changed).Vipin again met her on the pretext of providing her a job and this time he raped her, the complaint claimed.

A complaint was filed against Kunal under Section 354 of the IPC (outraging the modesty of a woman), while Vipin was booked for committing alleged offence of rape under Section 37 of the IPC. However, police told the court that allegations against the accused were found to be “forged, baseless and fabricated“ adding, this was done with an intention to “extort money“ from the accused.

The judge accepted police's report after the complainant, too, said she has no objection with acceptance of the closure report. However, she pleaded that no legal action be taken against her and she may be let off with a warning. The court, however, said that it was “appalled“ by her conduct as she had caused “unfathomable“ trauma to the two men.

“She tried to extort money from the alleged accused and maligned their image . Such allegations not only defame and shame a person but also let the world label the capital as rape capital.She set the entire state machinery into motion and tried to use the law for her benefit knowing full well that the allegations levelled by her were false,“ the court said. It also praised the investigating officer for bringing out the “true facts“.

Fabricated rapes

Gang-rape story concocted

Teacher concocts gang-rape story to save rape-accused lover

PTI | Apr 28, 2014

BUNDI: A 28-year-old teacher who claimed she was gang-raped by four persons on premises of a government school here, on Monday said she had counterfeited the story to save her rape accused paramour.

The woman was in a relationship with one Mahaveer Meena, who had been accused by the wife of one of the falsely accused persons Dayaram Meena in another rape case.

The woman had a month back disguised as a woman police constable and visited all the four false accused at their homes and threatened them of framing false rape case against them if the rape case against her paramour Mahaveer was not withdrawn.

Gang-rape fabricated by television journalists

2 journalists held for staging Gzb gang rape

Purusharth Aradhak The Times of India

Ghaziabad: The case involving the alleged gang-rape of a Meerut-based woman in Ghaziabad took a dramatic the following day when police arrested two journalists working with a news channel on charges of framing the two people charged with the crime. Ghaziabad police claimed that the conspiracy was meticulously hatched and that the woman, before contacting police, had sexual intercourse with one of the journalists to establish rape in her medical examination. Police have lodged two FIRs in the matter, one against the two alleged rapists and the other against four persons including the two journalists on charges of extortion. The rape victim’s role is being scrutinized, Ghaziabad SSP Dharmender Singh said. “Links in the victim's story was missing and the two accused lodged a complaint of extortion by two journalists and two women including the rape victim on Thursday,” Singh said.

Woman pressurised to allege rape

Husband and father-in law forced woman to accuse youth of rape

‘KIN PRESSURE’/ Youth acquitted after woman admits filing false rape case

The Times of India

New Delhi: A trial court has acquitted a youth of raping and blackmailing a woman after the woman admitted that she had lodged a false complaint against him because of pressure from her husband and father-in law.

The woman was “willingly engaged” in sexual relations with the youth, the court said, and had lent him money of her “own will”.

The woman lodged a police complaint alleging that she was raped by the accused after being offered some allurement. The woman claimed that she was threatened by the youth who had said he had taken her obscene photographs and started blackmailing her by demanding money, which she had to give him from time to time.

Family forced divorcee to accuse MP of raping her for four years

BSP MP didn’t rape me: Woman

The Times of India

New Delhi: In a twist to the rape case registered against BSP MP Dhananjay Singh, the woman who accused the legislator of repeatedly raping her for over four years, retracted her statement on Friday before a trial court and said Dhananjay had done no wrong to her. The woman, a former railway employee, turned hostile and told the court that she had deposed against the accused under pressure from relatives.

The woman told the court that she had lodged a case against Dhananjay as she feared that the accused was interfering in her married life. She further deposed that she was disturbed after her husband sent divorce papers to her in 2009.

Parents force girl to allege rape

Court acquits Amity rape accused, says evidence cooked up

Sana Shakil,TNN | Mar 6, 2015 The Times of India

Accusing the police of fabricating evidence in a sensational 2012 'rape' case, a trial court has acquitted two youths, including a student of Amity University, who were accused of gang-raping another student of the university.

According to the police, the alleged incident took place in the afternoon of June 14, 2012. Amity student Prashant called the woman, who was his batchmate, to Vasant Vihar to watch a movie. He was accused of giving her an alcoholic drink, driving her to a secluded place in Paschim Vihar in his Honda City car, calling his friend Milind to the spot and gang-raping her.

Freeing the duo, additional sessions judge Virender Bhat also suggested that they seek compensation from the woman and her parents because their lives and careers being jeopardized because of the "false" case.

The court said that all evidence, including forensic reports contradicted the theory of rape and anal intercourse, as alleged by the woman. It said medical evidence contradicted the rape claim while phone records, too, showed the woman was getting calls from her family when she was allegedly being gang-raped.

The court held that woman's parents pushed her into implicating the accused as they didn't like their daughter getting drunk with Prashant on the day of the alleged incident. It rejected police's story that Prashant and the woman were just classmates and said they were probably in love.

During the trial, the woman had failed to identify the place of alleged rape.

"The conduct of the accused in dropping the woman near a police barricade and that they even spoke to two cops there is indicative of the fact...that they had not committed any crime," the court said, adding that police cleverly chose not to list these cops as prosecution witnesses in the case whereas those two could have proved to be material witnesses in the case.

The woman spoke about being gang-raped by the duo only on June 28, 2012, 14 days after the incident.

Acquitting Milind, the court said call records and testimonies of various witnesses established that he was not with Prashant and the woman when the alleged incident took place. Milind met them only after Prashant called him to help drop the woman safely as she was drunk, the court said.

The duo dropped the woman at Vasant Vihar and asked her parents to take her home as she was heavily drunk, the court said.

Husband and parents force woman to accuse lover of rape

[Jan 13 2016 : The Times of India]

False plaint: Court acquits man of rape charges

New Delhi:

TIMES NEWS NETWORK

A trial court acquitted a man of charges of rape and intimidating a married woman by observing that the woman had lodged a false complaint against him by giving a concocted version at the instance of her husband and parents.

“What actually had happened is that she was not happy with her husband who used to beat her regularly , and so she developed friendship with the accused Balinder. She eloped with him to Chandigarh where their marriage was solemnized and stayed happily together,“ additional sessions judge (ASJ) Virender Bhatt said while acquitting Haryana resident Balinder.

Besides Balinder, other accused, including his father Ramphal, his uncle Suresh Kumar and his maternal grandfather Veerbhan were also acquitted by the court of various charges. “The evidence on record clearly reveals that the victim has lodged a false complaint against the accused giving a concocted version, probably at the instance of her husband and her parents,“ the court said.While freeing the accused, the court relied on the statements of various witnesses.

The court also considered the account a village panchayat note in which it was stated that the woman was not willing to go back with her parents and husband, and wanted to stay with the accused but was allowed to go after they submitted an undertaking to take her entire responsibility . “It is further evident that the prosecutrix was not happy with either her husband or her parents and did not want to go and stay with either of them. She wanted to stay with accused Balinder as she was living happily with him.This conduct of the prosecutrix completely trashes the prosecution case,“ the court said.

Damage caused by false accusations

'Should man acquitted of rape be considered survivor?'

Consensual sex called rape due to wrong advice

Jun 03 2015 The Times of India

FALSE COMPLAINT - Should man acquitted of rape be considered survivor: Court

Acquitting a man in a rape case, a trial court has expressed concern over the society's treatment of men who are accused of heinous crimes but are later found to be innocent. Should a person acquitted of rape charge be considered as a “rape survivor“, the court asked.

“In the circumstances, an acquitted accused, who has remained in custody for a considerable period during trial and who has been acquitted honourably after prosecutrix deposed that he has not raped her and she had physical relations with him with her free consent, should he now be addressed as rape case survivor? This leaves us with much to ponder about present day situation of veracity of rape cases,“ the court asked.

Additional sessions judge (Ms) Nivedita Anil Sharma made the observation while acquitting a Haryana resident of the offence of raping a divor cee after she retracted from her complaint. The woman said she was now happily married to the accused.

“The court, while absolving the accused of the charge, took into consideration the woman's statement before it that she lodged a false complaint against him due to wrong advice and influence of some well wishers.

According to the prosecution, on March 11, 2015, the woman told police that the accused had promised to marry her and established physical relations with her forcefully.She claimed that she knew the accused since a long time as he was from her village.

False rape charges destroy lives

The Times of India Jun 09 2015 : The Times of India (Delhi)

GANG RAPE CASE - HC frees 5, says false rape charges destroy lives

Just as rape causes great distress to the victim, a false charge destroys lives and damages reputation, the Delhi high court has said, acquitting five men who were jailed sixteen years ago on the charge of gang rape.

“There is no doubt that rape causes great distress and humiliation to the victim of rape but at the same time false allegation of committing a rape also causes humiliation and damage to the accused. An accused also has rights which are to be protected and the possibility of false implication has to be ruled out,“ a bench of Justices G S Sistani and [Ms] Sangita Dhingra Sehgal noted in its verdict.

The court set aside the conviction of the five men after it found that the woman who had leveled the charge of being gang raped gave inconsistent statements in court and hid the fact she was in a relationship with one of the accused.

“Her version has no corre lation with other supporting material being medical, scientific and expert evidence,“ the bench observed. The trial court had gone with the story of the prosecution as recorded in the FIR lodged by the woman. In her complaint registered in 1994, the woman had claimed she met the main accused Praveen, and they became friends. She said one day he took her to a friend's house and raped her.Later he also secretly filmed her being raped by Praveen's friend Bittoo. In her complaint the woman maintained she was regularly raped by Praveen's other friends, all of whom were arrested and charge sheeted by the police.

In its judgment the trial court relied to a large extent on the claim of the woman and convicted the accused, even though, as the HC bench pointed out, there were glaring errors in her statements to the po ice. Pleading innocence, Praveen told the court that he was framed by the girl since he refused to marry her.

The cost of false allegations to the nation

At the very least, such cases trivialise rape, and when non-consensual sex (i.e. a real rape) takes place, it has to share the time of the judiciary, the police, the media and the public with cases of this kind.

12 police teams check 700 cars, because woman frames male friend after tiff

Sex-assault cry sends police into tizzy

Raj Shekhar TNN The Times of India

New Delhi: About 10.30pm on Saturday night, police received a call from a woman in Mahipalpur who said she was bruised and had been partially disrobed and was lying by the roadside. The same stretch of road, nature of call and the time made South Delhi police think this was another brutal crime.

The woman, in her early twenties, claimed she had been abducted, molested in a moving car and dumped there by a man who had offered her a lift. What followed was a night-long operation by local police, special task force and special staff. Even the top cops were informed and they monitored the situation..

12 teams were formed to trace the white car the last four digits of the numberplate of which was provided to police by the woman. One of the teams got 700 cars verified. The wild goose chase ended on Sunday morning when one of the accused was picked up

Only then was it revealed that the woman had had a fight with her two male friends and got down from the car when it slowed down amidst heavy traffic. As the car was still in motion at the time, she received bruises on her face and hands while dismounting. When it had passed, she made a PCR call and told police her story. Her claims are now being investigated.

However, when policewomen quizzed her, the woman gave conflicting statements, sources said. The two men were not strangers as she had first claimed. STF and special staff teams then analyzed call details of the numbers she was in touch with. These numbers were obtained from her phone. By morning, the suspect was apprehended. He was interrogated and he revealed that he knew the woman and that they had had a fight the previous night. He admitted that he was driving the car that night. He has been arrested.

See also

Age of consent Crimes against women: India Juveniles, benefits and privileges of Juvenile delinquency in India Especially the section 'Rape by juveniles' Premarital sex

Other articles about rapes in India

Rapes in India<> Rapes in India: court verdicts<> Rape cases unique to India<> Rapes in India: the legal position after 2013 <>Rapes in India: Compensation and help for survivors <>Rapes in India: annual statistics

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