Delhi court initiates woman’s trial for perjury for levelling false rape charges

The court concluded the woman’s testimony was completely unworthy of merit, citing inconsistencies and improbabilities while acquitting the four accused

Women misusing the law to level false rape allegations should be dealt with strictly, a Delhi court has said while initiating a trial against a woman for perjury.

The court in 2016 framed charges against the four accused. (Getty Images/iStockphoto)

“...this court is of the considered opinion that it is in the interest of justice that cognizance of the offence of giving false evidence is taken...,” said additional sessions judge Jagmohan Singh in an order on February 3.

The woman claimed one Satish and three other men abducted and raped her. She added they threatened to defame her by sending her nude photos and videos to her in-laws. The woman accused Satish of claiming to have a fake marriage certificate and threatening to implicate her in a bigamy case if she lodged any complaint.

The Delhi court in February 2016 framed charges against the four including under Indian Penal Code’s Sections 376(2)(n) (repeated rape), 366 (kidnapping and inducing marriage), 323 (voluntarily causing hurt), 344 (wrongful confinement for 10 or more days), 34 (common intention), 376D (gang rape) and 506 (criminal intimidation).

The court later concluded the woman’s testimony was completely unworthy of merit, citing inconsistencies and improbabilities while acquitting the four. It observed the motive behind the filing of the false rape case was that she married Satish at an Arya Samaj Temple while concealing her earlier marriage. The court said Satish wanted to take legal action against her.

The woman claimed she was abducted on November 29, 2012, and taken to Karnal, where she was held hostage until December 10, 2012 and gang raped. The court referred to a priest’s testimony and said she was in Delhi where her marriage with Satish was solemnised. Thus, her testimony is patently false, the court said

The court noted an audio call recording, where she was heard calling another accused Kuldeep as mamaji (uncle) and talking respectfully to him. It concluded the prosecution failed to prove the rape charges beyond reasonable doubt.