‘No Girl Will Level Fake Rape Charge in Indian Society’, Says Mumbai Court; Sentences Sex Assault Accused to 10 Years Rigorous Imprisonment
While pronouncing the judgement, the judge said “unless an offence has really been committed, a girl would be extremely reluctant even to admit that any such incident has really been taken place which is likely to reflect on her chastity she would be conscious of the danger of being ostracised by the society.”
Mumbai, October 20: A special POCSO court convicted and sentenced a 21-year-old man to 10 years' rigorous imprisonment for sexually assaulting his friend, a 16-year-old girl from his neighbourhood, in 2021. Special judge SM Takalikar, while announcing the judgement, observed that no Indian girl will make false rape accusation as, if she is found to be false, she would be looked at with contempt through out her life and particularly for unmarried girl it will be difficult to find a suitable groom.
The judge said that there is no reason for the victim to depose falsely and to implicate the accused as the accused was a good friend of the victim, reported TOI.
The incident took place on the intervening night of May 10-11, 2021 when the girl left to sleep at her grandmother’s house, which was also in the same locality. However, when she did not show up her family began looking for her. Next morning she came home crying and told her mother that the accused had called her home and raped her. Odisha: POCSO Court Awards Death Sentence to 47-Year-Old for Rape and Murder of Four-Year-Old Girl.
While pronouncing the judgement, the judge said “unless an offence has really been committed, a girl would be extremely reluctant even to admit that any such incident has really been taken place which is likely to reflect on her chastity she would be conscious of the danger of being ostracised by the society.” HC on Rape Case: Kerala High Court Denies Anticipatory Bail to Mother Who Facilitated Rape of Her Minor Daughter by Stepfather, Says 'An Insult to Motherhood if Proved To Be True'.
Judge Takalikar further said that the victim’s statement appears to be true that the accused closed the door, kissed her and sexually assaulted her as a girl would not make such allegations against any person as she is fully aware of the repercussions flowing there from in Indian society.
Even if we assume that there is love affair between the accused and the girl, it did not give him the authority to rape her, the Judge said. “It is not the case of accused that the relationship was consensual. Therefore, mere fact that victim denied love affair does not falsifies her evidence,” the Judge said.
(The above story first appeared on LatestLY on Oct 20, 2023 09:12 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).