Filing of False Rape Allegations by the Ex-girlfriend
- When a romantic relationship ends for any reason, the girlfriend may subsequently accuse her boyfriend of rape, alleging that he intoxicated her and took her to a hotel or that he deceived her into visiting a hotel where he allegedly assaulted her. It has been noted in numerous cases that a disgruntled ex-girlfriend might file false rape allegations against her former boyfriend after some years following the end of their relationship. To explain the delay in filing the First Information Report (FIR), she might assert that she has been suffering from depression, which hindered her ability to report the crime to the authorities.
- Under the law, when a police officer is presented with a complaint alleging a serious crime, he is obligated to file an FIR immediately. Should the officer fail to do so, he could face legal repercussions.
- If the investigating officer is astute and fair-minded, he will question the woman closely to extract the truth from her.
- Typically, women are regarded as victims and treated with a great deal of sensitivity. Advocates inform their women clients about their rights to take legal action against their partners and they are also informed that there are usually no consequences for women if their claims are found to be false, unfounded, or malicious.
- Once an FIR has been lodged by a former girlfriend against her boyfriend, the accused is often left with no choice but to seek anticipatory bail through the sessions court. The man must provide evidence supporting his innocence to both the investigating officer and the court for evaluation. This evidence could include WhatsApp messages, texts where the former couple shared amicable communications before and after the alleged incident, as well as photographs from that day to demonstrate their romantic relationship and good spirits.
- At times, the accused is successful in persuading the judge, leading to the granting of anticipatory bail. Courts often tend to favor the female complainant, directing the man to surrender to the police and endure an investigation and trial to establish his innocence.
- It is necessary for the investigating officer to incorporate defence evidence into the chargesheet. The accused can request that the investigator conduct an unbiased inquiry and verify the defence evidence. However, police officers often neglect to investigate from the perspective of the accused, which is why it is essential for the man to present all defence evidence at the police station and obtain a stamp/acknowledgment on the provided copy. Additionally, he should send his evidence to the investigating officer via registered post with acknowledgment due. If the investigating officer refuses to look into the defence evidence, the accused should approach the relevant Assistant Commissioner, Deputy Commissioner, or Commissioner of Police to present his defence.
- In instances of police non-cooperation, the accused individual can file a petition before the Judicial Magistrate First Class under Section 91 & 156 (3) of the Criminal Procedure Code, seeking oversight of the investigation and directing the officer to thoroughly investigate the defence evidence.
- If a man’s anticipatory bail application is denied by the Sessions Court, High Court, and Supreme Court, he must surrender to the police and remain in police custody, after which he will be held in judicial custody until he secures bail from a competent court.
- With the court’s permission, the victim girl may appoint an independent lawyer to help the public prosecutor in opposing the accused’s bail application. The lawyer chosen by the girl is not permitted to argue in court but can assist the public prosecutor by providing factual information and legal points. The accused man’s lawyer is required to serve a copy of the bail application, along with other documents, to the public prosecutor and the investigating officer, obtaining an acknowledgment. There is a significant chance that the public prosecutor and the investigating officer, at the victim woman’s request, may attempt to delay the hearing of the bail application on various grounds, including the non-service of the bail application and documents. The accused man’s lawyer should strive for a quick hearing date, as the judge may initially set a distant date, which could lead to a pattern of prolonged delay in hearing bail application and the accused suffering in jail. The complainant women with the help of her advocate may try to pressurise the accused in settling the dispute with her in terms favourable to her. Keeping the accused in jail for a long period with the sole intention of pressurising him to accept complainants’ unreasonable greed is standard practice.
- Even after being granted bail, the accused must visit the police station until the chargesheet is submitted to the magistrate. The accused can seek the High Court’s intervention to quash the FIR and the chargesheet. The accused may receive an interim order from the High Court preventing the investigating officer from filing the chargesheet until the quashing petition is resolved. However, if the High Court does not grant a stay on the filing of the chargesheet, the investigating officer can proceed to file it, and the High Court may then quash both the FIR and the chargesheet. If the FIR is quashed by the High Court, the criminal case concludes; otherwise, the accused has the option to either challenge the High Court’s ruling in a Special Leave Petition (SLP) before the Supreme Court or to face trial in the appropriate judicial forum, either the Judicial Magistrate First Class or the Sessions Court.
- Should the investigation reveal that the accusations against the man are false and unsubstantiated, the investigating officer may submit a “B” summary report to the concerned magistrate. After considering the victim’s testimony, the magistrate may choose to send the case back to the police for further investigation or accept the “B” summary report and close the case, or instruct the police to prosecute the victim woman for filing a false criminal complaint against the accused man.
- It is in the accused man’s best interest to settle any cases filed against him, either with the woman who initiated the complaint or with the investigating officer. Criminal trials in Indian courts can extend over 8 to 10 years, during which the man suffers from social stigma, emotional distress, and the loss of valuable time.
- Even if declared innocent after a lengthy trial, the accused bears lifelong scars, and may either feel too aged or apprehensive to enter into a new relationship with another woman
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