Rape cases: Scripted FIRs fail court test

Rape cases: Scripted FIRs fail court test

August 1, 2014 

In cases of alleged elopement, The Hindu found, the complainant was almost always named as being 14 years old in the FIR.

Going by FIRs, most rape cases in Delhi in 2013 involved 14-year-old girls who were given intoxicant-laced cold drinks, abducted and assaulted. But The Hindu’s study of 600 court judgements shows this could not be further from the truth.

Police stations follow an informal script to record sexual assault cases, conversations with police officials and judges revealed. Madhu Mehra, feminist lawyer and executive director of Partners for Law in Development, says that their studies have shown the same.

In cases of alleged elopement, The Hindu found, the complainant was almost always named as being 14 years old in the FIR. This automatically makes her partner liable to be accused of abduction and rape and any marriage ruled invalid, police officials explained. Moreover, poorly educated parents were often unaware of the exact age of their daughters, one officer added.

To make the case sound as if the girl was abducted and did not go with the boy with her consent, an element of intoxication is added to the FIR, usually a “cold drink laced with a sedative”.

The problem is that none of this stands in court. In almost all of the 174 cases of elopement, the complainant was ruled to not be a minor by the court; only 10 cases resulted in statutory rape convictions. “So much time of the court is wasted in deciding this issue when the parents know from the start that she is a major,” one judge complained. Further on not one of 583 cases examined by The Hindu was the police able to produce any proof of intoxication.

For ‘promise of marriage’, another script is deployed: the accused is first described as having committed sexual assault on the complainant anywhere between two and 13 years before the FIR was filed; subsequently, the FIR says, she asks the accused to marry her, he continues having sexual relations with her for several years under this promise and ultimately calls it off with one last non-consensual encounter. “We tell the girl that you will have to say that at least the first time and most recent time was without your consent for it to go to court,” one police official said frankly.

None of this stands in court either; the only 12 promise of marriage cases that saw convictions were ones in which there was clear deceit, such as the accused being already married. At least two complainants interviewed by The Hindu corroborated this.

Even while activists often use the low conviction rate in rape cases (27% for India in 2013) to make the point that the police and judicial system are stacked against victims of rape, the judges The Hindu interviewed were equally insistent that the conviction rate be highlighted because it showed how poor the quality of evidence coming before them was. “The acquittal rate clearly shows that most of the cases coming before us are not rape cases as you might imagine them like the Nirbhaya case,” one judge said.

As a result of the sheer number of such cases, in off-the-record conversation with The Hindu at the least, both cops and judges said they tended to be sceptical of cases in which the complainant and the accused are romantically involved. When asked of cases in which a couple is romantically involved but the boy might sexually assault his partner, one judge shrugged it off; “If he beats her or attacks her there may be a case, but this never happens.” Intensely conscious of media scrutiny of their rulings, judges however were quick to add that their reading of ‘reality’ never biased them against outcomes.

The Hindu’s investigation of district court judgements on sexual assault indicate that a great distance is travelled between the FIR and the court judgement and at both ends of the process, risks are building. At the first instance, relying on FIRs for data on sexual assault or a framework for sexual assault in India may be unreliable. Moreover, media articles relating to a number of the cases looked at by The Hindu indicated that the media reports the FIR nearly verbatim without contacting the accused, and rarely follows up except in high-profile cases.

Source-http://www.thehindu.com/news/cities/Delhi/rape-cases-scripted-firs-fail-court-test/article6268958.ece?homepage=true

Marital Rape not in the ambit of Indian Rape Laws - Delhi Court

Marital Rape not in the ambit of Indian Rape Laws - Delhi Court

The below media discussion on Marital Rape was telecasted Live on Gender Discourse programme on Loksabha TV on 22nd May 2014. To be fair, gender biased and balanced this topic ought to be discussed with representation from both Men and Women Activists but as it always happen it was hijacked by strongly and heavily funded Feminists and biased media failed miserably to invite any of the Mens' Activists or Mens' right Organisations.

It was really heartening to see that being a live telecast the Feminists were openly nailed down by the Live callers who rightly highlighted out the correct positions of misuse of rape laws as in Part 1 of the below youtube video.

In Part 2 of the youtube video beside other callers, a Live caller was Shiva from Bengaluru, who seems to be a part of an organisation involved in protecting Mens' (Husband's) rights. Caller Shiva thwarted the feminists misleading propaganda and exposed the web of lies and sob stories. It was a strong message from Shiva that not only slammed the feminist panel and swept them off their grounds.

Radical Feminist thought they can do away without Mens' right representation and people will take their false propaganda.

This is a discussion another glaring example how media is blinded and episodes are openly hijacked by funded feminists.

Part 1 of 2

Part 2 of 2

Reference cases that aere under above discussion were reported in media as below

Court: Forced sex in marriage not rape

May 12, 2014, 03.44 AM IST

NEW DELHI: A court has acquitted a man accused of raping his wife, stating that forced intercourse with a woman does not amount to rape if she is married to the accused.

"The parties being husband and wife, the sexual intercourse between the two does not come within the ambit of the offence of rape, even if the same was against the will and consent of the victim," additional sessions judge Virender Bhat said while acquitting Vikash, who was charged with raping his wife.

According to the prosecution, the woman claimed Vikash sedated her and took her to the office of the registrar of marriages in Ghaziabad in an intoxicated state. He got the marriage documents signed by her on March 4, 2013. Later, Vikash raped her and then abandoned her, it said. The woman had filed a complaint at the Baba Haridas Nagar police station in southwest Delhi in October 2013.

"Thus, the prosecutrix (the wife) and the accused (Vikash) being legally wedded husband and wife, and the prosecutrix being major, the sexual intercourse between the two, even if forcible, is not rape and no culpability can be fastened upon the accused," the court said in its order on May 7.

"There is no clinching or convincing evidence on record to show that the accused had administered any stupefying substance to the prosecutrix (the wife) on March 4, 2013, before taking her to the Ghaziabad court," it added.

Vikash claimed innocence and said his marriage was solemnized on February 2, 2011 at the woman's house. Upon the insistence of his wife, he decided to get their marriage registered and went to the Ghaziabad court. Vikash alleged that his wife had framed him after he was unable to get his sister's house transferred in his name.

Source - http://timesofindia.indiatimes.com/city/delhi/Court-Forced-sex-in-marriage-not-rape/articleshow/34993548.cms

Another Case

Are marital rapes a myth? Forced intercourse in marriage not rape, trial court says

Jun 14, 2014, 02.53AM IST

NEW DELHI: Physical relations between a married couple, even if against the woman's consent, does not tantamount to rape, a trial court has said while acquitting a man of charges of raping his wife. Additional sessions judge Virender Bhat made the observations while freeing the man, accused of raping his tenant after marrying her. The man was also accused of raping the woman before the marriage.

"It is the case of the prosecution itself that the accused performed nikah with the prosecutrix in the house of his paternal aunt in presence of a maulvi on July 20, 2012. They were legally wedded husband and wife from July 20, 2012, and the physical relations between the two thereafter, even if against the consent of the prosecutrix, do not tantamount to offence of rape," the court said.

The court also said the woman's version of the incident was "suspicious" and far from being "credible or trustworthy". "The conscience of this court does not permit it to believe the version of the prosecution. The accused deserves to be given the benefit of doubt," the judge said.

According to the prosecution, the man, being the son of the woman's landlord, came to her house on July 19, 2012, and gave her an intoxicated drink after which she felt unconscious and he raped her. On the next day, he took her to his aunt's place, married her and raped her several times, it said. He later raped her at his friend's place and after sometime, he burnt their marriage documents and refused to take her to her matrimonial house, the woman claimed. Police said, when the accused along with his father and brother came to the woman to collect rent, they had a quarrel after which she lodged a complaint at Bindapur PS.

The court said the conduct of the woman in accompanying the man "voluntarily and willingly" the next day is highly unnatural. "It beats all imagination to say a rape victim would voluntarily accompany the rapist on the date after the incident," it said. The court noted that, in her statement before a magistrate, the woman had stated for the first time that the man would take her to the house of his friend at Bindapur daily where he used to have sexual intercourse with her. "These incidents of sexual intercourse appear to be consensual," it added.

Source - http://timesofindia.indiatimes.com/india/Are-marital-rapes-a-myth-Forced-intercourse-in-marriage-not-rape-trial-court-says/articleshow/36510527.cms

Rape accused acquitted after ‘victim’ goes to jail to give him underwear

Rape accused acquitted after ‘victim’ goes to jail to give him underwear

Shalini Narayan | New Delhi | Published: Jun 19 2014, 10:03 IST

She claimed she was raped several times over the course of a year by a man she had befriended at her office. The man had promised to marry her, she claimed in her complaint to police. The accused was arrested in February last year and chargesheeted thereafter. However, when the trial reached the central fast-track court, her allegations didn’t stand after the court noted that not only had the victim visited the accused’s wife in hospital when she had a baby, but she had also visited the accused in jail and brought him undergarments on his request.

Noting how “extraordinary” and “unbelievable” this act of a “rape victim” was, the court of Additional Sessions Judge Kaveri Baweja acquitted the accused terming the claims by the victim “contradictory”.

In August 2011, the complainant, a resident of Sitaram Bazaar in Delhi, met the accused at her office. The two became friends following which they began meeting regularly. In her statement to police, the woman said the accused would take her to a park at Pusa Road and would rape her there. She also claimed that the accused threatened to “defame” her if she told anyone about the ‘rapes’.

However, on February 18, 2013, she claimed the accused revealed to her that he was already married. Three days later, the woman lodged a case and the man was arrested under sections of rape (376) and threat (506) of the IPC.

In his defence, the accused pleaded that he was innocent and that the woman was demanding Rs 1 lakh from him to withdraw the complaint. He said she also threatened to falsely implicate him if he did not pay her. The accused told the court that the woman was on the interview panel when he joined the office and that she was well aware of his marital status.

After considering arguments from both sides, the court noted, “... in the light of evidence brought on record during the course of the trial, I find myself unable to accept the submissions of the prosecution. I find on going through the record that the prosecutrix cannot be said to be a reliable witness. Her testimony appears to be unworthy of reliance and the conviction of the accused can certainly not be based on her testimony keeping in view the entirety of the evidence on record...She certainly would not have acted upon the assurance of the accused that he would marry

Source - http://www.financialexpress.com/news/Rape-accused-acquitted-after--victim--goes-to-jail-to-give-him-underwear/1262245

Rape cases: Can’t be swayed by emotions/media reporting: Court

Rape cases: Can’t be swayed by emotions/media reporting: Court 

— By PTI,  June 16, 2014 04:31 pm

New Delhi: Deprecating the hue and cry over acquittals in rape cases, a Delhi court has said that judiciary cannot be swayed by emotions or media reporting and has to limit itself to the ambit of law, testimonies of witnesses in deciding such cases.

“It would not be out of place to mention here that today there is a public outrage and a hue and cry is being raised everywhere that Courts are not convicting the rape accused.

“However, no man, accused of rape, can be convicted if the witnesses do not support the prosecution case or give quality evidence, as in the present case where the prosecutrix is hostile…

“It should not be ignored that the Court has to confine itself to the ambit of law and the contents of the file as well as the testimonies of the witnesses and is not to be swayed by emotions or reporting in the media,” Additional Sessions Judge Nivedita Anil Sharma said.

The court made the remarks while acquitting two Delhi residents Pawan Kumar Tyagi and Kailash Chand of the charges of rape, abduction and criminal intimidation after the alleged victim turned hostile.

Tyagi and Chand were arrested by the police in March last year on the basis of a complaint lodged by the girl in which she had alleged that Tyagi had repeteadly raped her on the pretext of marriage while Chand had outraged her modesty here last year.

However, during the trial, the girl retracted from her earlier statement given before the police and told the court that she had come in contact with one of the accused through social networking site and had developed physical relationship with him on her own consent.

She also told the judge that she had lodged the case at the instance of her well wishers.

“It is clear that the evidence of the prosecution is neither reliable nor believable and is not trustworthy and the prosecution has failed to establish outraging the modesty, abduction, rape and threat. The evidence of the prosecutrix makes it highly improbable that such an incident ever took place,” the court said.

Source-http://freepressjournal.in/rape-cases-cant-be-swayed-by-emotionsmedia-reporting-court/

Court to decide afresh maintenance awarded to woman

Court to decide afresh maintenance awarded to woman

Press Trust of India | New Delhi
June 12, 2014 Last Updated at 14:20 IST

The amount of maintenance awarded to a woman in a domestic violence case will be decided afresh by a Delhi court after her husband claimed that her income was more than his earnings. 

A direction to this effect was given by Additional Sessions Judge (ASJ) Gautam Manan to a magisterial court. 

The judge allowed the man's appeal challenging the magisterial court's order directing him to pay Rs 1,500 per month in maintenance to his estranged wife and his children, saying the magistrate had not considered the proof about the woman's income and assets while fixing the amount. 

The sessions court also quashed the trial court's order on maintenance to the woman and the couple's two minor sons.

"The (magisterial) court has passed the order awarding maintenance without considering the proof of income of the respondent no 1 (woman) and her assets, if any," the ASJ said. 

The judge set aside the order of the magisterial court, saying it "suffers from material irregularity" as the lower court had given its verdict without taking the affidavits of the man and the woman in respect of their income. 

"The trial court is directed to decide the quantum of maintenance after taking the affidavits of the parties and after giving due consideration to the rival contentions of the parties in respect of their earnings," the court said. 

The man, a resident of Mahipalpur extension here, had challenged the 2013 order of a metropolitan magistrate on the ground that his wife was earning more than him and he was living in a pitiful condition. 

He claimed that she was enjoying a much better life than him and she had also forcibly taken possession of his house. 

He also denied the allegations of the woman that he subjected her to domestic violence and claimed that instead he was at the receiving end. 

He claimed that the award of "relief decided by the magistrate was in a routine and mechanical manner, cornering the provisions of law...Hence, the order be set-aside." 

The woman, in her reply through her counsel, opposed the man's plea saying she has to maintain herself and her children and the trial court had rightly awarded the maintenance amount to them.

Source - http://www.business-standard.com/article/pti-stories/court-to-decide-afresh-maintenance-awarded-to-woman-114061200534_1.html

Misuse and abuse of 498a ipc exposed again | Delhi court says Dowry law cannot be harassment tool and orders investigation against woman for falsely implicating husband

Misuse and abuse of 498a ipc exposed again | Delhi court says Dowry law cannot be harassment tool and orders investigation against woman for falsely implicating husband

Submitted by IANS on 23 March 2014 

New Delhi: A court here has observed that dowry prohibition law cannot be allowed to become a tool for harassment.

Granting relief to a man, who was booked in a dowry harassment case by his wife, the court ordered investigation against the complainant for filing a false case.

The man's wife in July 2012 filed a first information report (FIR) against him in a South Delhi police station, alleging that he demanded dowry and subjected her to cruelty, which resulted in her miscarriage.

Police investigated the complaint and filed a cancellation report, giving a clean chit to the accused.

Metropolitan Magistrate Shivani Chauhan, accepting the cancellation report of Delhi Police, said Sections 498A (subjecting woman to cruelty) and 406 (criminal breach of trust) and Dowry Prohibition Act are special legislations enacted for the "protection of women" and have serious penal consequence for the offender.

"Under no circumstances can it be permitted to become a tool for harassment of innocent persons," the magistrate said.

"There is a enough material on record to show that the complaint was false and fabricated."

During the investigation it was revealed that it was the woman's second marriage and there was no evidence of dissolution of the first.

The woman alleged cruelty by the man which had resulted in her miscarriage. But the court noted that the investigation report showed she had voluntarily got the medical termination of her pregnancy.

It was observed the woman had mentioned the name of the other man in the medical report. The bills of hospital were cleared by the other man.

Source - http://twocircles.net/2014mar23/dowry_law_cannot_be_harassment_tool_says_court.html

Court orders FIR against those who filed false rape case, man gets bail after 3 weeks in jail

Court orders FIR against those who filed false rape case, man gets bail after 3 weeks in jail

Written by D K Rituraj | New Delhi | January 23, 2014 04:21

A city court on Wednesday granted bail to a man accused of rape by his ex-girlfriend. The court also ordered police to register an FIR against those responsible for filing a false case.

The court’s order came after the man spent three weeks in Tihar jail. The 25-year-old woman had complained to police that Vivek had established physical relations with her for the last four years after promising marriage. However, he allegedly did not keep his promise and planned to marry another woman. She had registered a complaint against him on January 2 and police had arrested him on January 3.

The man had applied for bail on Monday on the grounds that the woman had registered a false case against him out of spite. On Wednesday, the woman submitted an affidavit before the court stating that her allegations against him were false. She further claimed that she had been “misguided” by an NGO and her lawyer into pressing rape charges.

Additional Sessions Judge Dharmesh Sharma released the man on bail, but insisted on taking action against those responsible for wasting the court’s time. The judge asked police to lodge an FIR under Section 211 IPC, which criminalises any person filing false charges.

“In view of the affidavit filed by the prosecutrix, SHO PS R K Puram is directed to lodge an FIR and take appropriate action as per law,” Judge Sharma said.

http://indianexpress.com/article/cities/delhi/court-orders-fir-against-those-who-filed-false-rape-case-man-gets-bail-after-3-weeks-in-jail/#.UuEurgP-_FA.blogger

Section 211 in The Indian Penal Code, 1860

211. False charge of offence made with intent to injure.-- Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death 1[ imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Man falsely implicated in rape case be compensated, says Delhi court

Man falsely implicated in rape case be compensated, says Delhi court

Press Trust of India | New Delhi 

January 15, 2014 Last Updated at 19:22 IST

A person falsely implicated in a rape case should be given compensation and either the court should be empowered to do so or the Centre should bring some amendment in the law in this regard, a Delhi court has said. 

Additional Sessions Judge Virender Bhat also said that the court could also be empowered to direct the state or the prosecutrix to compensate the person acquitted of the rape charge. 

"I may note that there is a dire need for provision to be made in the Code of Criminal Procedure (CrPC) to enable the court to direct either the state or the prosecutrix to compensate the persons acquitted of the false rape charges. 

"In cases, where the court comes to conclusion that the accused had been implicated on totally false and baseless charges, the accused, in fact, is the victim and deserves to be compensated...Caused to him in facing arrest, imprisonment and the ordeal of criminal trial," the judge said. 

"A copy of this judgment be sent to Secretary, Department of Law, Government of India and the Chairman, Law Commission of India for their perusal and consideration," he said. 

The court's observation came while hearing a rape case lodged by a married woman in March 2013, which later turned out to be false on the ground that "she was having voluntary liaison with the accused and her husband pressurised her to lodge a complaint of rape, when he came to know about their affair". 

Meanwhile, the court also ordered a separate trial of the woman for giving a false evidence before it. 

"I find it expedient to proceed against the prosecutrix under section 344 CrPC for giving false evidence before this court, which is being done by way of a separate order," the court said. 

The judge said, "At present, I do not find any provision in the CrPC or any other law in force for the time being, empowering the court to grant compensation to the accused acquitted of the false criminal charges. 

"Hence, I consider that state should either amend Section 357 (order to pay compensation) of CrPC or add a fresh section in the Code empowering the courts to grant compensation to the accused in such like cases.

http://www.business-standard.com/article/pti-stories/man-falsely-implicated-in-rape-case-be-compensated-says-court-114011501095_1.html

Sex on promise of Marriage-Rape? Premarital sex-Immoral ? Panel Dicussion on Gender Discourse LOKSABHA TV 09 January 2014

Sex on promise of Marriage-Rape? Premarital sex-Immoral ? 

Panel Discussion on Gender Discourse LOKSABHA TV

on 09 January 2014

Interesting Discussion where Feminists confess how Girls/Women Trap MEN using SEX as Tool/Pleasure toy and further go on to bat for MEN acknowledging the Vulnerability of MEN to such False Sexual Allegations. 

They go on to detail out as to how Women/Girls should to approach and explore their Sexuality. 

But they stop short of saying that Abusers and Misusers of Women centric highly biased laws be PUNISHED.

Wondering why Mens Right Activists or masculinists were not invited on this Panel discussion


Part 1/4




Part 2/4




Part 3/4




Part 4/4




Full Texts of Rape cases under Discussion are at below links

Delhi Court - Every act sexual intercourse between two adults on the assurance of promise of marriage does not become rape. Pre-marital sex not only is immoral but also against the tenets of every religion
http://bit.ly/1fz0Le4

Delhi Court - GIRLS LODGE FALSE CASES TO ESCAPE PARENTS’ SCOLDING
http://bit.ly/1gMa9HD

Judge's rape remark insensitive: Delhi high court
http://bit.ly/1eDWvod

Judge's rape remark insensitive: Delhi high court

Judge's rape remark insensitive: Delhi high court

Smriti Singh, TNN Jan 7, 2014, 12.07AM IST

NEW DELHI: Just a day before a fast-track court, set up exclusively to deal with cases of sexual offence against women, said that pre-marital sex "is not only immoral but also against the tenets of every religion", Delhi high court had passed a stern order against the same court for giving "sermons" to "the feminine gender as a class" in one of its previous orders.

The HC had taken suo motu cognizance of the remarks made in the October 7, 2013 rape case decided by additional sessions judge Virender Bhat, wherein he had said, "They voluntarily elope with their lovers to explore the greener pastures of bodily pleasure, and on return to their homes, they conveniently fabricate the story of kidnap and rape in order to escape scolds and harsh treatment from the parents." 

The trial court had further said, "The girls are morally and socially bound not to indulge in sexual intercourse before a proper marriage, and if they do so, it would be to their peril and they cannot be heard to cry later on that it was rape."

In its order pronounced on December 19, 2013, a division bench of justices Pradeep Nandrajog and V Kameswar Rao held that the trial court's observations were "prima facie insensitive" and were "capable of influencing the police to take up women harassment cases lightly, resulting in an insensitive investigation and complete evidence not being brought before the court."

The HC asked State Judicial Academy to nominate the judge as a participant "whenever a topic on gender sensitivity is discussed". The bench further said that the "sweeping observations" against the girl in the case were "not based on the evidence on record".

"It is apparent that the remarks, which are general in nature, are not based on the evidence on record (and) appear to be the result of the experience of the judge...The judge has imparted his personal knowledge pertaining to females in the decision-making," the bench said.

Just a day after the HC passed its order, ASJ Bhat, on December 20, observed in another rape case that pre-marital sex is "not only immoral but also against the tenets of every religion. No religion in the world allows pre-marital sex".

While absolving the man of the charge of rape- he had been accused of having sexual intercourse with a woman after obtaining her consent on the false promise of marriage - the court observed, "When a grown-up, educated and office-going woman subjects herself to sexual intercourse with a friend or colleague on the latter's promise that he would marry her, she does so at her own peril."

While his comments once again stirred up a controversy, ASJ Bhat has been known for speaking his mind in his orders. In November last year, while acquitting a youth who was accused of kidnapping and raping a minor girl with whom he was in love and had married her, the judge asked the parents to "impart good moral values and education" to their children to curb the menace of elopement and runaway marriages.

He had also stoked a debate in May 2012, when he criticized the proposed law by the government to raise the age of consent for sex from 16 years to 18. Terming it as "undemocratic" and "regressive", the judge had said the move would open "floodgates for the prosecution of the boys for offences of rape, on the basis of complaints by the parents of the girl, no matter (even if) the girl would have been the consenting party and offer to have sexual intercourse may have come from her side."

SOURCE - http://articles.timesofindia.indiatimes.com/2014-01-07/delhi/45954737_1_trial-court-delhi-high-court

GIRLS LODGE FALSE CASES TO ESCAPE PARENTS’ SCOLDING खुद भागती हैं,सेक्स करती हैं,फिर कहती हैं रेप हो गया

‘GIRLS LODGE FALSE CASES TO ESCAPE PARENTS’ SCOLDING’

Friday, 18 October 2013 | Staff Reporter | New Delhi 

A city court has expressed concerns over the growing trend of girls fabricating false rape cases despite having eloped voluntarily with their lovers. 

Acquitting a man of raping a woman by deceitfully making her believe that she is his legally wedded wife, the court said girls voluntarily elope with their lovers but to escape their parents’ scolding they lodge false cases. 

“They (girls) voluntarily elope with their lovers to explore the greener pastures of bodily pleasure and on return to their homes, they conveniently fabricate the story of kidnap and rape in order to escape harsh treatment by parents. These cases tend to trivialise the offences of rape and undermine its gravity. A girl of this age group (19-24 years), even if belonging to a rural area, cannot be believed to be not knowing how the marriage is performed or what are the essential ceremonies of a marriage,” said Additional Sessions Judge Virender Bhat. 

The police said that in 2008, the accused in collusion with his brother, had taken photographs of the alleged victim in objectionable position with him to blackmail and pressurise her not to take any legal action against him. 

When the 24-year-old woman pressurised him to fulfil his promise of marriage, he took her to Jammu on the pretext of marrying her and applied vermillion on her forehead and made her believe that she was his wife, the police said. 

He maintained physical relations with her by making her believe that they were husband and wife. The accused had also assaulted the girl, the police added. 

The court, however, said this kind of marriage is usually resorted to when the boy and girl are in love with each other and their respective parents are against their alliance. 

“The conduct of the girl in accompanying the accused to Jammu for court marriage demonstrates that she wanted to marry the accused but her parents were against this marriage. Her longing to marry the accused appears to be only out of deep love and not on account of assurance of marriage by the accused,” the court added while acquitting the man. 

The court also said that of late it has observed a trend where the girl says the boy took her to a room, applied vermillion on her forehead, put garland around her neck and declared that they are now husband and wife. 

“Then they indulge in sexual intercourse with each other, with the consent of the girl and later on the girl alleges rape on the false assurance of marriage. This is a very disturbing trend. The girls in such cases are mostly in the age group of 19-24 years, thus, mature enough to understand the consequences of their acts and not so numb to get carried away with any representations of the boy," the court said. 

SOURCE-http://www.dailypioneer.com/city/girls-lodge-false-cases-to-escape-parents-scolding.html

"खुद भागती हैं,सेक्स करती हैं,फिर कहती हैं रेप हो गया"

Girls caught with lovers file rape case after being caught: Court

Delhi, Fri Oct 18 2013, 04:37 PM

दिल्ली। दिल्ली की एक कोर्ट ने बलात्कार के आरोपी को यह कहते हुए बरी कर दिया कि लड़कियां खुद अपनी मर्जी से प्रेमियों के संग भागती हैं और माता-पिता के कोप से बचने के लिए फर्जी रेप केस दर्ज करवाती हैं।

अतिरिक्त सत्र न्यायाधीश वीरेन्द्र भट्ट ने कहा कि लड़कियां शारीरिक सुख के लिए स्वेच्छा से भागती हैं। जब घर लौटती हैं तो अपने माता-पिता के कड़े बतार्व से बचने के लिए अपनी सुविधा के मुताबिक अपहरण और रेप की झूठी कहानियां गढ़ती हैं। इस तरह के फर्जी मामलों से बलात्कार के अपराध की गंभीरता कम होती है।

न्यायाधीश ने कहा कि 19 से 24 साल की लड़कियां चाहे वे ग्रामीण इलाकों की ही क्यों न हों,नहीं जानती कि शादी क्या होती है और शादी के लिए जरूरी समारोह क्या होते हैं। एक युवक पर अपनी ही रिश्तेदार से बलात्कार का आरोप लगा था। आरोपी को बरी करते हुए न्यायाधीश ने टिप्पणी की।

पुलिस ने कहा कि 2008 में आरोपी ने अपने भाई के साथ मिलकर कथित पीडिता के आपत्तिजनक अवस्था में फोटो खींचे थे। ऎसा पीडिता को ब्लैकमेल करने और उस पर यह दबाव बनाने के लिए किया गया कि वह कोई कानूनी कार्रवाई न कर सकें। जब 24 वर्षीय पीडिता ने उस पर शादी के लिए दबाव डाला तो वह उसे जम्मू ले गया। वहां उसने महिला की मांग में सिंदूर भरा और उसे विश्वास दिलाया कि अब वह उसकी पत्नी है। इसके बाद आरोपी ने उसके साथ शारीरिक संबंध बनाए। आरोपी ने पीडिता की पिटाई भी की।

इस पर कोर्ट ने कहा कि इस तरह की शादियां तब होती है जब घर वाले खिलाफ हों और लड़का-लड़की एक दूसरे के प्यार की गिरफ्त में हों। शादी का रजिस्ट्रेशन कराने के लिए आरोपी के साथ जम्मू की कोर्ट में जाने वाली लड़की के बर्ताव से पता चलता है कि वह आरोपी से शादी करना चाहती थी लेकिन उसके घर वाले खिलाफ थे। लड़की ही आरोपी के प्यार में पागल थी। आरोपी ने शादी का आश्वासन नहीं दिया था।

कोर्ट ने कहा कि आजकल यह चलना हो गया है, लड़की कहती है कि लड़का उसे कमरे में ले गया। उसकी मांग में सिंदूर भरा,गले में वरमाला डाली और घोषणा कर दी कि दोनों अब पति-पत्नी हैं। इसके बाद दोनों ने शारीरिक संबंध स्थापित किए। ये संबंध लड़की की इच्छा से स्थापित होते हैं लेकिन बाद में लड़की यह कहकर लड़के पर रेप का आरोप लगाती है कि लड़के ने शादी का झूठा वादा करके शारीरिक संबंध बनाए। यह विचलित करना वाला ट्रेंड है। इस तरह के मामले में ज्यादातर लड़कियां 19 से 24 साल के बीच की होती हैं।

Source - http://www.patrika.com/news/girls-caught-with-lovers-file-rape-case-after-being-caught-court/964343