Views : False Rape allegation is rapidly increasing . Indian Rape related laws can be misused easily .Several cases reported recently. A mere allegation is enough to spoil the life of a man. Whether , the allegation is true or false doesn't a matter. The reputation or dignity of the accused is gone . Once it is gone , then it is gone for life long. No court can return back the dignity to accused , if the accusation proved as false. A news was reported sometimes back in India.
A man approached to supreme court for getting return back the dignity of him as the rape accusation was proved false. A police officer framed the man for setting an old revenge. The man complaints that he can't live a normal life in the society as the people still look him as a rapist .
The law should have a proper mechanism to deal with the misuse of law .
Possible Solutions: The accused identity will be protected till the offence is proved .
The Investigation team should have included Psychologist, Psychiatrist , Judges and other eminent persons. The corrupted police can't do justice in the investigation process. A study says that most corrupted service is police (70%) in India. Input is output.
Those who make false accusation gets strict punishment also.
The law also should be reformed against the possible misuse.
(29-04-2015)
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She Filed A False Rape Case Against Him. He Hit Back With A Rs 50 Lakh Defamation Case!
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An insurance agent studied law to fight rape charges levelled by his wife. Acquitted by courts, practising advocate Pankaj Chavda, 37, has now slapped a Rs 50 lakh defamation suit against his wife for implicating him and a friend in a false rape case. Chavda, who lives in Krishnanagar, was acquitted of rape charges by city sessions court as well as by Gujarat HC - both observing how the woman became a puppet in the hands of her relatives, who wanted to separate the couple.
Harassed with imprisonment and visits to courts during the nine-year legal battle, Chavda decided to pursue law so he could fight his own cases. Chavda and his 19-year-old neighbour got married in October 2006 at a Hanuman temple in Meghaninagar. They registered their marriage with the registrar's office and fled to Udaipur and Jaipur for two weeks. Upon returning, Chavda's wife lodged an FIR against him and his friend Lokesh Sharma, who gave her tuitions.
She wove a story that Sharma first raped her and Chavda blackmailed her and forced her to marry him. Naroda police filed a chargesheet on the basis of her complaint. Both Chavda and Sharma were arrested and sent to judicial custody. During the trial in 2013, the court refused to believe the prosecution and acquitted Chavda and his friend. The court said, "Rape causes greatest distress and humiliation to the victim, but a false allegation of rape can cause equal distress, humiliation and damage to the accused." A year later, the HC too junked the prosecution's appeal and asserted that the victim went with Chavda on her own.
On basis of two acquittal orders, Chavda has filed a defamation suit against his wife and investigating officer Kishor Gelda and Naroda police sub inspector MJ Rathod for falsely framing and defaming him and damaging his reputation. Chavda's legal battle continues. Following the defamation notice, Chavda's wife has moved the family court seeking maintenance .
(Originally published in the Times of India | Image for representational use only)
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