Haryana 'rape victim' put behind bars

Chandigarh: The Haryana Police have pulled off a shocking one. A rape victim who has been seeking justice for herself was arrested before being bailed out Wednesday.
The victim, who had alleged that a youth, Rahul, had sexual relations with her for two years after promising to marry her, was arrested in Hisar town, 260 km from here, Monday.
She was arrested after she allegedly threatened to kill woman Deputy Superintendent of Police Dharna Yadav in the presence of another officer.
The rape victim, who lives in Hisar's Sector 13, was arrested by police on charges of criminal intimidation.
The victim complained to police in February against Rahul. Police booked him for rape but did not arrest him, apparently owing to his family's political links.
The victim started a protest against police Monday.
A police officer of Hisar district said they took action as per law.

http://www.samachar.com/Haryana-rape-victim-put-behind-bars-njlxK4jgjij.html 

Majority of rape and dowry death cases are settled out of court

Though clamour for stringent punishment for those accused of crime against women is getting louder, the fate of such cases is still beyond expectations.
From January to August this year
Of the total 115 cases registered under sections 304-B (dowry death) and 376 (rape) of the Indian Penal Code (IPC) reached in Rohtak court, in 31 cases, the perpetrators of crime were let off in want of evidence, while five could be nailed.
Following the nation's outcry on bone chilling gang rape with a paramedical student in New Delhi, the high court had ordered the district court to speed up pending cases of crime against women in district courts.
As per available data, in January, in three accused of rape (different cases)were acquitted in lack of evidence, while one accused of dowry death was also set free for the same reason. No one was convicted in this month. In February, four rape accused were set free, while one was convicted and one was convicted in dowry death in the same month.
In March, three perpetrators were set free by court here, while no one was convicted in rape and dowry death. In April, three were acquitted in rape and one was acquitted in dowry death, while one each was convicted in rape and dowry death.
In May, the case of rape could not stand legal scrutiny and three were set free, while one was set free in dowry death. Court remained off in June month. In July, five rape accused were released, while two were set free, who were booked by police on dowry death.
The result remained non-impressive in August month, two rape accused were set free, while three dowry death were acquitted in lack of evidence. Sources inside court maintained that majority of the rape and dowry death cases fall flat in court, as a result of out of court settlement.
In such cases, the popular modus operandi is to refuse to identify the accused inside the court, which weakens the cases and accused were let off. In some cases, the accused and victim get ready to withdraw the case on the promise of marriage in presence of panchayat members from both sides.
In one such case (rape) registered on 13/08/2013 by a dalit girl on a Punjabi community boy, the victim later refused act of rape on her.
The court of additional district and session judge Seema Singhal on 13/08/2013 had imposed a fine of Rs.1000 on the victim and a punishment of one day(Till the Court rise).
Currently, 66 rape and Prevention of Children from Sexual Offences Act and 14 dowry death cases are pending in court.

http://www.hindustantimes.com/India-news/Haryana/Majority-of-rape-and-dowry-death-cases-are-settled-out-of-court/Article1-1118434.aspx 

75% rape cases are False : Gulabi gang, Sampat

Woman can’t charge a man with rape after getting pregnant during their love affair, says Bombay HC

Woman can’t charge a man with rape after getting pregnant during their love affair, says Bombay HC 


Mumbai: The Bombay high court said on Thursday that an ‘affair gone bad’ cannot be the ground for accusing a man for rape. Justice Sadhna Jadhav acquitted Borivali resident Manesh Kotiyan of rape charges three years after his arrest.

Justice Jadhav said, “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.” She ruled that the rape charges against Kotiyan were ‘unsustainable’.

While acquitting a rape accused Manesh Kotiyan, the HC noted, “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.” "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.

However, the court upheld Kotiyan's conviction on charges of cheating as he did not disclose to the victim that he was married and had children. Lawyer, who was appointed to defend Kotiyan, Arfan Sait said there was no evidence that the accused raped her, adding that they had always intend to marry her.

It may be recalled that the victim girl, who was four months pregnant, lodged a case of rape against Kotiyan in March 2010. The two had met when they were working at a stationery shop in Borivli.

According to the prosecution, they had gone to Gorai to celebrate Kotiyan's birthday in November 2009, where he forced her into having sexual intercourse.

In 2012, a sessions court held Kotiyan guilty of rape and sentenced him to seven years rigorous imprisonment.

http://daily.bhaskar.com/article/MAH-MUM-kotiyan-rape-case-woman-cant-charge-a-man-with-rape-after-getting-pregnant-durin-4318194-NOR.html

Men can get harassed anywhere anytime....

Men can get harassed anywhere anytime....

‘Rape cases will drop 70% if HC ruling is enforced’

‘Rape cases will drop 70% if HC ruling is enforced’

City lawyers handling domestic and family disputes have welcomed a recent judgement by the Bombay High Court (HC) stating that women filing false rape cases should be prosecuted.

Mens organisations have said that this judgement will help create a gender neutral society and if properly executed will help to bring down the number of rape cases by 70 per cent. They allege that most rape cases are filed after relations break down after consensual sex.

www.wikipedia.org

Justice Sadhna Jadhav of the HC on Wednesday observed that women who file rape cases in a fit of rage to fix their partners and later withdraw complaints, should be prosecuted.

She remarked that of late several cases were coming before the HC in which victims filed complaints alleging rape and contending that they had entered relationships after being promised marriage.

In a relationship between consenting adults, sometimes such complaints are filed in the heat of moment and withdrawn later. This has be-come a trend and sends wrong signal to the society, the judge observed on Wednesday.

The court cautioned the police to be vigilant and hold an initial inquiry to find out whether a rape complaint was genuine before registering the case.

The judge was hearing an anticipatory bail plea by Divyesh Vala (35), who admitted that he was in a relationship with a 42-year-old central excise inspector. He pleaded that he was falsely implicated and the case was causing him harm and agony.

The two had met through a social networking site and came close to each other after joining an Art of Living course. The woman alleged that she was raped by Vala, who promised to marry her. However, he married another woman and she felt cheated. Hence, she filed a complaint of rape.

The judge granted anticipatory bail to Vala for the sum of Rs 15,000 and asked him to report to the police station every Sunday until the investigation was over. The judge said it was not inclined to send Vala in custody because no useful purposes would be served in doing so, except satisfying the victim’s vendetta.

Talking to Mirror senior lawyer Milind Pawar said, “Some 90 per cent cases get registered just to satisfy vendetta after break ups. Though such cases are registered it is hard to prove them medically.”

In some cases, the Supreme Court has directed that FIRs in rape cases should be filed immediately, since later on it is difficult to prove it medically Pawar said. “This judgement will certainly teach a lesson to those who use the law to settle their own scores.”

Criminal layer Vijay Pamnani said, “In such rape cases the investigation officer’s role is very important to understand whether rape was actually committed or not. In the said case, the victim being a 42 years old, educated and  working as a central excise inspector knew very well that such a relationship is illicit in Indian society. I believe the HC has passed perfect orders considering facts of the case.”

Atit Rajpara, founder president of the Men’s Rights Association (MRA), Pune said, “Figures of increasing rape cases are only because of such false cases. Some women misuse the law like in domestic violence related cases.

In a recent survey, it was revealed that in Pune over 74 per cent cases of rape are consensual. We welcome this judgement as it has shown sensitivity towards men.”

However, lawyer Shirish Gade has a different opinion. He said, “As a criminal lawyer I believe that if the HC passes such orders against rape victim, those who wish to rape a girl will propose marriage and rape them. Unfortunately, victims won’t come forward due to such orders.

Additionally, in our society girls keep quiet about these serious offences as they are scared of society and fear nobody will marry them thereafter.”

http://www.punemirror.in/article/2/2013080220130802101256762a000d010/%E2%80%98Rape-cases-will-drop-70-if-HC-ruling-is-enforced%E2%80%99.html 

Woman should be booked for filing fake rape case, says HC

Woman should be booked for filing fake rape case, says HC

Distinguish between genuine and false plaints, cops told.

If a woman lodges a false complaint of rape, then she should be prosecuted, observed the Bombay high court on Wednesday while granting anticipatory bail to an Art of Living teacher accused of rape.

Justice Sadhana Jadhav said, “The police should be careful and distinguish between genuine cases and false complaints.”

The judge remarked that of late several cases were coming to the HC in which ‘victims’ had filed rape complaints and alleged that they had entered into relationships after being promised marriage.

“In a relationship between consenting adults, sometimes, such complaints are filed in the heat of the moment. This sends wrong signals to society,” observed justice Jadhav.

The judge said the police should conduct initial inquiry into the matter and decide whether it is a genuine complaint or not.

The court was hearing an anticipatory bail application filed by Divyesh Vala, 35. He had sought anticipatory bail saying he has been falsely implicated and the case is causing him severe harm and mental agony. The complaint was filed by a central excise inspector, 42, alleging Vala raped her on the pretext of marrying her.

According to additional public prosecutor, Anil Shitole, the victim, who is also a divorcee, had contacted Vala through a social networking website, where they became good friends. Vala later cut all ties with her and married another woman in May. Following this, she registered a complaint with the RAK Marg police station in June this year.

Justice Jadhav, while granting Vala anticipatory bail against a surety of Rs15,000, said that both of them are adults and the victim, in her complaint, never said that she had sexual relations with Vala because he promised to marry her.

The court observed that Vala cannot be sent to custody as it would not serve any fruitful purpose except satisfying the complainant’s vendetta.

Justice Jadhav has directed him to report to the RAK Marg police station on Sundays.

http://www.dnaindia.com/mumbai/1868459/report-woman-should-be-booked-for-filing-fake-rape-case-says-hc 

बिन शादी के रही पत्नी की तरह, अब किया रेप का केस

बिन शादी के रही पत्नी की तरह, अब किया रेप का केस

बिन फेरे, हम तेरे। मेट्रो सिटी की तर्ज पर अब अपने शहर में भी यह चलन शुरू हो गया है।

उत्तर प्रदेश के मुरादाबाद में एक नामी कालेज के छात्र-छात्रा के बीच दो साल तक लिव-इन रिलेशन रहा और जब शादी की बात आई तो विवाद शुरू हो गया। मामला थाने पहुंचा।

छात्रा ने अपने रूममेट के खिलाफ बलात्कार का मुकदमा दर्ज कराया है। मामले को निपटाने के लिए कालेज प्रशासन के लोग भी पहुंचे, लेकिन छात्रा टस से मस नहीं हुई। युवक को पुलिस ने हिरासत में ले लिया है।

मूल रूप से सुल्तानपुर जिले की रहने वाली एक युवती मुरादाबाद के एक शिक्षण संस्थान से एमएससी कर रही है। करीब दो साल पहले वह संस्थान के दूसरे कालेज में पढ़ने वाले एमसीए फाइनल इयर के छात्र अभिषेक पाल निवासी लखनऊ के संपर्क में आई।

दोनों एक दूसरे के करीब आए और फिर मिलन विहार कालोनी के एक घर में किराए का कमरा लेकर पति-पत्नी की तरह रहने लगे।

समाज की नजरों में भी दोनों खुद को पति और पत्नी बताने लगे। लेकिन कुछ दिन पहले दोनों में टकराव शुरू हो गया। छात्रा शादी की जिद करने लगी तो छात्र ने इंकार कर दिया।

इसके बाद छात्रा ने शादी का झांसा देकर अपने साथ बलात्कार का आरोप लगाते हुए मझोला थाने में तहरीर दी। पुलिस ने छात्र को हिरासत में ले लिया।

सूचना पर संस्थान के अधिकारी भी थाने पहुंचे और समझाने का प्रयास किया, लेकिन युवती नहीं मानी। परिजनों ने भी समझाने की कोशिश की। समझौता नहीं होने पर पुलिस ने छात्रा का मेडिकल कराने की तैयारी शुरू कर दी। एसओ मझोला ने बताया कि आरोपी को हिरासत में लिया गया है। जांच की जा रही है।

http://www.amarujala.com/news/states/uttar-pradesh/live-in-relation-rape-case/ 

बलात्कारी को फोन कर कहा, मुझसे शादी कर लो

बलात्कारी को फोन कर कहा, मुझसे शादी कर लो

मध्यप्रदेश के इंदौर शहर में एक अजीब सा मामला सामने आया जहां 18 साल की लड़की ने जिला कोर्ट में कहा कि उसकी शादी उसके दुष्कर्म के आरोपी से ही करा दी जाए।

लड़की का कहना था कि उसके मां-बाप एक अधेड़ से उसकी शादी करवा रहे हैं इससे बेहतर है कि मैं अपने दुष्कर्मी से शादी कर लूं।

इंदौर में गौरी नगर की 18 वर्षीय युवती मंगलवार को कोर्ट आई। एक वकील की मदद से फोन कर उसने अपने दुष्कर्म के आरोपी भगवान करण सिंह को बुलाया।

जब वह वहां पहुंचा तो लड़की ने पूरी बात बताई और उससे कहा कि मुझसे शादी कर लो। जब भगवान ने शादी की बात सुनी तो उसने हां कर दी।

भगवान का कहना है कि भले ही मुझ पर दुष्कर्म का आरोप लगा है लेकिन मैं इसे अपनी प्रेमिका मानता हूं। और इस तरह दोनों शादी के लिए राजी हो गए।

मां-बाप के दबाव में आकर लगाया था दुष्कर्म का आरोप

भगवान सिंह पर फरवरी 2013 में दुष्कर्म का आरोप लगा था। मामला कोर्ट में विचाराधीन है और भगवान को जमानत पर रिहा कर दिया है। मामले में पेच यह है कि अब शादी करते वक्त लड़की का कहना यह है कि उसने मां-बाप के दबाव में आकर यह आरोप लगाया था। 

http://www.amarujala.com/news/states/madhya-pradesh/she-called-the-rape-accused-and-said-marry-me/ 

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

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

False cases are the reasons behind labelling of Delhi as 'rape capital'; a court in Delhi has held while acquitting a 75-year-old man of 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 lead to the creation of an atmosphere that "the mere statement of a lady that she has been raped, came to be taken as gospel truth, the accused 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".

According to the prosecution, Sharma and his neighbour Anita had become friends when they met in a hospital  where his ailing wife was admitted. After his wife's death, Anita had arranged for the woman, who was in her 30s, to work as a maid in his home.

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.

While acquitting Sharma, the judge noted that the maid, a divorcee, had levelled the allegation of rape against the senior citizen on the behest of her neighbour Anita and Kuldeep in order to usurp the man's property.

Expressing the need for courts to be empowered to award compensation to victims of false rape cases, the judge also lamented that media turns a blind eye to acquittals in such cases.

"Nobody bothers to see in how many cases the accused in fact are convicted. Media turns a blind eye towards acquittals. The acquittal of an accused is not noticed at all and he continues to be labelled as a 'rapist' even after his honourable acquittal.

"Their lost honour, dignity and status in the society cannot be restored but they can be compensated so that they are able to start life afresh. The courts need to be empowered to award compensation to men acquitted in false rape cases," the court said.

The judge also said right from the first day when accused was produced before him, he had wondered, "How such a frail old man, who cannot even stand straight, would rape a young lady in her mid-30's, having lot more strength than the accused?"

http://www.ndtv.com/article/cities/false-cases-behind-delhi-s-tag-of-rape-capital-court-397821

Woman who filed '11 rape cases' held on charge of extorting an accused

Woman who filed '11 rape cases' held on charge of extorting an accused

A 40-year-old woman, who is reportedly a complainant in 11 cases of rape, stalking and other sexual offences, was arrested on charges of extortion by the East district police on Friday.
Incidentally, the man who filed the extortion complaint had been earlier charged with raping the woman.
Investigations began when the police received a complaint from one Sushil Kumar, who lives in Pandav Nagar area of East Delhi. On March 28, Sushil Kumar registered a case of extortion against the woman, claiming that she had falsely implicated him in a case of rape that was registered against him on February 19.
In his complaint, Sushil said he had befriended the woman three months ago. He told police that the woman told him that a case of rape against her husband was pending before the Karkardooma court and asked him to lend Rs 10,000 on the pretext of paying the court fee.
Sushil gave her the money, and she promised to return it soon, he said in the complaint.
A month later, Sushil asked her to return the money. When Sushil went to her house, the woman, he claimed in his official statement to the police, threatened to implicate him in a false rape case, assaulted him, snatched his mobile phone and Rs 5,000.
She then dragged him to the police station, where she registered a case under Section 376 of the IPC, following which Sushil was sent to jail.
However, after he was released on bail in March, Sushil filed an application in court requesting that his statement be recorded.
He registered a case of extortion against the woman, which was later ascertained to be true, police said.
Additional DCP (East) D K Gupta said: "The previous case under Sections of rape that the woman registered against Sushil was found to be false. On the directions of the court, a case of extortion based on Sushil's complaint was registered and the woman, arrested. She has been sent to 14 days judicial custody."

www.indianexpress.com/news/woman-who-filed-11-rape-cases-held-on-charge-of-extorting-an-accused/1141887/ 

Rape accused IRB constable commits suicide

Rape accused IRB constable commits suicide

An IRB constable, who was accused of raping a woman on Friday, committed suicide late on the same day even as the GRP found no suicide note on him.
A woman from Jharsa area here had accused constable Balkrishna of raping her at his government quarter at IRB Bhondsi on Friday.
Late on Friday evening, the GRP was informed that a body was found on platform number 1 on the Delhi-Gurgaon route. The identity card found on the body identified the person as 38-year-old Balkrishna.
Satish Kumar, incharge of the GRP police station, said the constable had committed suicide by throwing himself in front of a moving train at 5.40pm on Friday. IRB Bhondsi has been informed of the incident.

http://www.hindustantimes.com/India-news/Gurgaon/Rape-accused-IRB-constable-commits-suicide/Article1-1088463.aspx