Raman ( ) 11 July 2009

Injuries not necessary for confirmation of rape: SC

"In the context of Indian culture, a woman victim of s*xual aggression would rather suffer silently than to falsely implicate somebody. Any statement of rape is an extremely humiliating experience for a woman and until she is a victim of s*x crime, she would not blame anyone but the real culprit."

https://timesofindia.indiatimes.com/Injuries-not-necessary-for-confirmation-of-rape-SC/articleshow/4763672.cms

What is your opinion ?

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3 Replies

Raman ( ) 11 July 2009

I am still strugling with my indentation & spaces while writing anything at LCI ...

https://timesofindia.indiatimes.com/Injuries-not-necessary-for-confirmation-of-rape-SC/articleshow/4763672.cms

What is your opinion on this article ?

Deekshitulu.V.S.R (B.Sc, B.L) 15 July 2009

Mr Raman

I Agree with your view. It was said by SC that no injuries are necessary to prove rape on the victim. This is on the premise that a woman will not implicate any body unless she was raped

But of late we find from the society, that some Acts meant to protect a particular set of people or communities, or protection of theweaker sections and women are mostly abused and flouted, so as to use it as a sword against the opponent to wreck vengence of all types, such as a political rivalry etc. donot you agree

Bye

Raman ( ) 15 July 2009

As per Court:

Let us see this case:

Four constables, woman arrested for blackmailing farmer in false rape case

Posted: Thursday , Nov 27, 2008 at 0150 hrs

Rajkot, November 26:

They implicated victim by involving prostitute; squeezed out Rs 10,000 from him: Cops

Four constables of the Rajkot police and a woman were arrested on Wednesday in connection with blackmailing a farmer in a false rape case.

According to the police, the accused had implicated the victim, Hira Patel, a resident of Rajkot, in a false rape case by involving a prostitute. Preliminary investigations by the Rajkot city crime branch pointed out that the accused may have blackmailed several others in a similar fashion to make quick money.

The four constables have been identified as Deepak Bamta, Dhiru Karshan, Mavji Dangar and Abdul Hussain (taluka police). All four were suspended on Wednesday and produced in court by the police to seek a 10-day remand. The woman has been identified as Kiran, a resident of Gandhigram.

Patel, who has a farm house in Targadhi on Jamnagar Road, told the police that last month, he had paid Rs 10,000 to the accused, who threatened to lodge a rape complaint against him after he gave lift to a woman up to Greenland Chowkdy from Ramdham Mandir near Maliya Sarani.

Patel said in his complaint that on October 23, a woman, aged around 30, asked for lift in his Indica when he was returning home from the farm house. Later, she got down at Greenlad Chowkdy. Hours after he had reached his home in LG Park on Kuwadva Road, two constables, Abdul and Barot, came to his house and asked him to come to the Zanana Hospital for a medical check up, as a woman had accused him of raping her.

Thereafter, Patel was forcefully taken to the Zanana Hospital. According to Patel, while he maintained that he had only given lift to the woman in his car, the constables said a case will not be registered if he will come to an understanding with the woman.

The accused asked Patel to pay a certain amount to the woman to save himself from complaint. Though Patel said he was innocent, the constables maintained that they had the medical report of the woman, confirming rape. The accused allegedly asked for Rs 50,000 and the matter was finally settled at Rs 10,000.

According to the crime branch officials, there is a possibility of the accused employing a similar modus operandi to blackmail others as well.

“It seems that many innocent people have become their victims,” a crime branch official said.

As per your words: "But of late we find from the society, that some Acts meant to protect a particular set of people or communities, or protection of theweaker sections and women are mostly abused and flouted, so as to use it as a sword against the opponent to wreck vengence of all types, such as a political rivalry etc. "

Definitely, I would support if the law is made in a generic sense and serves the purpose, but not for a particular set of people. Therefore, I do not agree on court's assumption that Woman will never cheat when she has to confess to the court being a rape victim. There could be a possibility that an innocent gets jacked up in this game unless defendant's lawyer is shown keen interest in the case. This is another Section 482 of IPC !