An Indian Woman Traditionally Will Not Concoct An Untruthful Story Of Rape For Blackmail Or Revenge: Manipur HC
The Manipur High Court has held that an Indian woman traditionally will not concoct an untruthful story and bring charges of rape for the purpose of blackmail, hatred, spite or revenge.
The bench of Justice M.V. Muralidaran while dismissing anticipatory bail applications of accused persons observed thus "The stigma that attaches to the victim of rape in Indian society ordinarily rules out the levelling of false accusations. An Indian woman traditionally will not concoct an untruthful story and bring charges of rape for the purpose of blackmail, hatred, spite or revenge."
It was prosecution's case that the petitioner by administering the intoxicants with the help of 3 others kidnapped and had sexual intercourse with a woman forcibly without her consent.
The petitioner is the Founder and Managing Director of the institution where the woman is a student pursuing a course.
The bail applications of the accused was rejected by the Sessions Judge.
Senior Advocate N. Jotendro appeared for the petitioners whereas PP Y. Ashang appeared for the State. Advocate M. Rakesh appeared for the prosecutrix.
The Court observed that the prima facie material established that the petitioner had committed a heinous crime against his own student. The Court observed that "Anticipatory bail may be granted when there is material on record to show that prosecution was inherently doubtful or where there is material on record to show that there is a possibility of false implication. However, when the element of criminality is involved and/or the custodial interrogation is required and/or the other aspects and facts are required to be unfolded in investigation, the petitioners are not entitled for anticipatory bail."
One of the accused who was a woman stated that her minor son is in need of breastfeeding and if arrested her son will suffer. To that end the Court held "…first of all, the age of her son has not been given. In the absence of the age of her son, based on mere averments, the Court cannot come to a conclusion that there appears to be bona fide in her plea."
The Court noted that "Time and again, the Hon'ble Apex Court held that the important thing that the Court has to bear in mind is that what is lost by a rape victim is face. The victim loses value as a person. Ours is a conservative society and, therefore, a woman and more so a young woman will not put her reputation in peril by alleging falsely about forcible sexual assault. A forcible sexual assault brings in humiliation, feeling of disgust, tremendous embarrassment, sense of shame, trauma and lifelong emotional scar to a victim and it is, therefore, most unlikely of a woman, and more so by a young woman, roping in somebody falsely in the crime of rape."
Thus the Court dismissed the anticipatory bail applications of the accused.
Cause Title- Yumnam Surjit Kumar Singh v. The Officer-in-Charge, Women Police Station, Imphal West, Manipur & Anr.
Click here to read/download the Judgment