‘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.
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In a relationship between consenting adults, sometimes such complaints are filed in the heat of moment and withdrawn later.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
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.
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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
