Delhi High Court: A Division Bench comprising of Hima Kohli and Manoj Kumar Ohri, JJ. dismissed an appeal filed against the judgment of the trial court whereby the accused was acquitted of the offences under Sections 376 and 506 IPC.
The prosecutrix had alleged that the accused made false promises of marrying her and established a physical relationship with her forcefully. However, the trial court acquitted the accused of all the charges holding that the deposition of the prosecutrix was insufficient to prove the guilt of the accused. Aggrieved thereby, the prosecutrix filed the present criminal leave petition.
On perusal of the record, the High Court was of the view that the impugned judgment did not suffer from any infirmity. It considered the printout of WhatsApp chats and transcription of the telephonic conversation between the parties which were duly admitted by the prosecutrix in cross-examination. The chat and conversation amply demonstrated that the prosecutrix consented for a physical relationship out of her own free will and without any inducement. Thereafter, she had second thoughts about marrying the accused and in fact, she was threatening to falsely implicate and defame him. Given such facts and circumstances, the Court declined to interfere and the petition was dismissed. [Ritu v. State,2018 SCC OnLine Del 12914, Order dated 11-12-2018]
Recently a Major General has been dismissed from service for sending messages to a young Lady Captain. Both were interacting with each other and it was consensus. Army has no policy in this regard prohibiting such texting. Right to Privacy is an absolute right. Yet in name of fake discipline extreme punishment has been awarded to the General while lady is enjoying even after having tampered with the messages. Many more warriors to fall?
Of late many instances of consensual sex being complained as rape. When there was so much evidence before the investigating authorities, they ought not to have filed the charge sheet. Many laws intended to protect woman are being misused. Time has come where courts find such misuse the complainant should be punished and give right to victim of false accusation compensation.