NEW DELHI: False allegations of molestation and rape cannot be made at the drop of a hat to settle personal scores, said the Delhi High Court on Monday. Justice Subramonium Prasad, who was hearing a plea to quash an FIR alleging commission of offence of rape on the basis of a compromise between the parties, stated that besides resulting in loss of judicial time and time spent by the police in the investigation, false allegations of rape may destroy the life of the accused.
“The accused in a false case of rape loses his honour, cannot face his family and is stigmatised for life. Allegations regarding offences such as one under Section 376 IPC cannot be made at the drop of a hat to settle personal scores,” said the judge in his order. Observing that there was an alarming increase in false cases of rape and offences “only to arm-twist the accused”, the court opined that “people who make such false allegations of rape cannot be permitted to go scot-free”.
“False claims pertaining to cases of molestation and rape need to be dealt with an iron hand. Such litigations are instituted by the unscrupulous litigants in the hope that the other party will capitulate to their demands out of fear or shame. Unless wrongdoers are not made to face the consequences, it would be difficult to prevent such frivolous litigations,” the judge remarked.
The court added that the problem of false allegations can be solved, or at least minimised, to a certain extent, if exemplary cost is imposed on the litigants. While refusing to quash the FIR in the present case, the court said that while it was not commenting on the merits of the allegations, if it is found that the allegations were not true, action should be taken against the prosecutrix and others who were instrumental.
Minimise with exemplary costs
The high court said the problem of false allegations and claims can be solved, or at least minimised, to a certain extent, if exemplary cost is imposed on the litigants who make those claims