A court here has directed the Delhi Police to take legal action against a woman for registering a false rape case, saying the special privileges given to women should not be used as "sword" to settle personal scores.
Additional Sessions Judge Shefali Barnala Tandon also said that such false allegations destroy the life, reputation and social standing of the accused.
The court was hearing a bail application of the accused.
Noting the facts of the case, the court said an FIR was registered against the man on July 14, but the next day the prosecutrix gave a statement to the magistrate stating she voluntarily went to a hotel with the accused, where they had consensual sexual relations.
After a fight with the accused, however, she became irritated, called the police, and made allegations of rape in a fit of rage, the court noted.
The prosecutrix stated the same facts before the court, it said in an order dated July 25 while granting bail to the man.
"The men of our country have equal rights and protection under the law as enshrined in the Constitution, however, special privilege is given to the women. But this special privilege and woman protecting laws should not be made a sword to settle scores or to satisfy ulterior motives, which is going rampant in the society," the court said.
"Allegations of rape are made on drop of a hat nowadays for many other reasons as observed by the Courts, day in and day out. This is one such case in hand. False rape allegations not only destroy life of the man named but also reputation and social standing of his family members at large," it added.
The court said rape is the most heinous and painful offence because it destroys the very soul of the victim as well as her body but the law against rape is being misused in some cases.
"The law has given the remedy of lodging a criminal complaint if a crime is committed against them (women) but such a remedy should not be used as a tool to gratify the complainant's ulterior motive or to teach a lesson to the accused," it said.
"Both man and woman are two pillars of the society and are equal in every aspect, therefore, one should not overpower the other only on the basis of gender misuse," the court added.
It directed the city police to initiate appropriate legal action against the complainant for making a false complaint to the police out of anger and in the state of intoxication, because of which the man was incarcerated for around 10 days.
"The police is also advised not to act in haste in arresting the accused person(s) in the cases where circumstances warrant some initial enquiry or investigation after writing due reasons as per law, since there cannot be any compensation sufficient to indemnify the innocent person for incarceration on the basis of false complaint," the court said.
It directed that a copy of the order be sent to the deputy commissioner of police concerned and said that a compliance report be filed within 10 days.
Releasing the man on bail, it directed him to furnish a bail bond and surety bond of Rs 20,000 each.
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