Case Details:
Case No.: Criminal Misc Bail Application No. 23551 of 2023
Bench: Hon’ble Siddharth, J.
While granting bail to the applicant where the FIR was lodged under provisions of rape and POCSO Act, the Hon’ble Allahabad High Court observed that this Court finds that large number of cases are coming in Courts wherein girls and women take undue advantage by lodging First Information Report on false allegations after indulging in long physical relationship with the accused. The time has come that court should be very cautious in considering such bail applications. The law is heavily biased against males. It is very easy to make any wild allegations in the First Information Report and implicate anyone on such allegations as in the present case.
The Court further observed after hearing submissions of the parties that the First Information Report has been lodged on the basis of false allegations and incorrect facts. The prosecutrix has not fully supported the allegations made in the First Information Report in her statement recorded under Section 164 Cr.P.C. The marriage of the prosecutrix and applicant was registered. No divorce, dissolution of marriage or judicial separation of couple through court has taken place.
The Court also observed that First Information Reports are lodged invariably after due consultation with expert incorporating all the necessary ingredients required for making out a clear case for implication under different provisions of law. First Information Reports are not being lodged under Section 154(1) Cr.P.C., by directly giving information to officer in-charge of police station orally. The lodging of the FIR is being done invariably by giving a written application at the police station which is always fraught with danger of the false implication like in the present case. Such applications are drafted by experts in Courts or the Munshi/Head Clerk in police station. The experts are aware of the ingredients of each and every provisions of penal law. They incorporate the allegations in such a way so that accused may not be able to get even bail easily and early. Just a cursory glance at allegations made in the First Information Report is sufficient for the court to throw the file, without any application of mind further. The State of affairs has gained alarming proportion. An honestly written First Information Report is very short and is shorn of any unnecessary and false allegation. This is the test, but it is seldom realized.
The Court also observed that the culture of openness being spread by social media, movies, T.V. shows, etc., is being imitated by adolescent/young boys and girls but when their conduct comes in conflict with Indian social and family norms and it comes to protecting the honour of the family of the girl and the honour of girl, such maliciously false First Information Reports are lodged. Such First Information Reports are also lodged when after living in live-in relationship for sometime/long time, dispute takes place between the boy and girl on any issue. Nature of partner unfolds before the other partner with time and then whey they realize that their relationship cannot continue for life, trouble starts. Since girls/women have upper hand when it comes to protection of law, they succeed easily in implicating a boy or man in the case like of the present nature. The traditional perception of such crimes has become irrelevant. The effect of social media, movies, etc., in raising the awareness level of adolescents and loss of innocence at comparatively younger age is clearly discernible. The traditional presumption of innocence has given way to an untimely loss of innocence resulting in un-foreseen deviant behavior of adolescents which the law never contemplated earlier. Law is dynamic concept and it requires a re-look in such matters very drastically.
The Court further observed that this court is finding that genuine cases of such sexual offences are now exception. The general rule is of false implication in cases of sexual offences. Implication in case of sexual offence is a sure shot way of punishment before trial. Bails are normally not granted easily and early. In cases where implication is made under POCSO Act situation become worse. Incarceration of accused in jail for few months or for years is certain. Training of judicial officers in their training institute is still in line with the old concept of bail in cases of sexual offences. The treating of all the wild allegation in F.I.R as gospel truth without keeping eye on the ground realities is causing lots of injustice.
The Court also observed that the courts and judges are part of the society. What is happening in society should always be kept in mind while applying law. Wherever an offence takes place, the expert (mostly lawyer in district court or munshi / head clerk of police station) is consulted. He enquires about the family members of an accused, his influential friends and well-wishers, local and also stationed outside. He also enquires whether the informant side has enmity with someone or with whom it wants to settle score. Then the expert implicates all those with whom the informant/complainant has other grievances, not connected the offence being complained whatsoever, since the lodging of complaint / F.I.R against all enemies in one stroke is encashed as an opportunity. Their roles are so meticulously shown in the F.I.R that even the most experienced of the judges falter. For the courts at district level, it is quite hazardous to grant bail in matters of such serious and meticulously made allegations because of fear of disciplinary proceedings by the higher courts. This is one of the reasons why the district courts refuse to grant even bail, not to say about granting of acquittal in most of the cases only because of the seriousness of allegations. Whether allegations are prima facie credible or are proved or not is not very relevant at their level. They just get rid themselves of such cases by refusing to grant relief, which is also part of their training at the very threshold of joining of their service in their training institute. This is how the injustice gets perpetrated because of the role of expert who drafts the F.I.R / complaint. In case the honest statement of complainant / informant is recorded in writing by the officer-in-charge of the police station soon after the incident and the role of expert get excluded in lodging of report, cases of false implication will come down.
The Court granted bail to the applicant in the present case when the prosecutrix failed to prove the allegations of physical torture which are not supported by any medical report. “…The allegations of her physical torture are not supported by any medical report. In the FIR it is alleged that the injuries of prosecutrix were treated by her mother at home. This also proves the meticulous drafting of FIR by an expert. There cannot be any evidence of treatment of home, but to justify implication under Section 323 IPC such an allegation was made.” The Court relied on the Satendra Kumar Antil vs CBI (SLP Criminal No. 5191 of 2021) case while granting bail to the applicant.
Recent judgement from Uttarakhand High Court can be read here : In this modernized society the offence under Section 376 of IPC is being misused as a weapon by the females as soon as there arise certain differences between herself and her male counterpart- Uttarakhand High Court