There has been a hike in the registration of number of sexual assault or rape cases over past couple of years which is leaving most of the people on a perplexed state that whether has there been an increase in the number of perverts or are all these hiked percentage of cases fake. Delhi High Court addressing these issues has come up with a new assessment that a man a sue a female counterpart if she makes false accusations against him.

Men Have Rights to Sue Women Under False Accusations of Rape and Sexual Assault Charges

Apex body of justice in Delhi, High Court of Delhi has posited that all the men who have been acquitted of rape charges under false promise of marriage case can litigate the disputant on the grounds of abasement and emotional wound he had been through due to the allegations. Delhi High Court claimed that the assoiled man can demand the damages caused to him due to the allegations and even does have the right to ask for the disbursals of litigations.

While exonerating the case of a New Delhi’s Mukherjee Nagar resident who was charged on the false promise of marriage with repeatedly raping and criminally intimidating a woman working in his organization Delhi High Court came with these observations.

The accused man in the judicial custody who came after the woman had soured up unfriendly stating their relationship was existing by consent. Delhi High Court’s additional sessions judge Nivedita Anil Sharma said “It cannot be ignored that the accused, due to this case which has ultimately ended in his acquittal, may have suffered humiliation, trauma… besides the expenses of the litigation… He may also file any case for damages against the prosecutrix if advised.”

Former additional solicitor general Indira Jaising, however, pointed out that “a rape survivor turning hostile and thus getting an acquittal on that basis cannot automatically be presumed to be an honourable acquittal.” She added that a prosecutrix can turn hostile for a variety of reasons. “Turning hostile can also be a sign of settlement between an accuser and accused. Hence just because of an acquittal based on the settlement cannot be a reason to give permission to sue.”

Woman Alleged Molestation Charges Over Colleague

This judicial trial was all about a woman who alleged of sexual assault with her and filed an FIR at Hari Nagar police station in February 2013. Woman averred that she was molested by the man who worked with her workplace by giving downers in cold drinks. As per the FIR report filed by her it briefs that the accused man assaulted her sexually at many places from February to August 2013 on the pretext of marrying her with fake promises.

Women also said that she was threatened by the man publish all those obscene videos recorded of her to the public through various mediums. Later the compliant turned out to be uncongenial altering her statements in the hall of court swearing out that she and the accused man’s relationship were existing by consent.

Announcing the final verdict Nivedita Anil Sharma, Delhi High Court’s additional sessions judge said “I am of the considered view that the case of the prosecution cannot be treated as trustworthy and reliable as the prosecutrix has retracted and resiled. There was no material on record to show that the man had intoxicated the woman, raped, beaten her, prepared her obscene videos, threatened to publish her video and raped her under the false promise to marry.”

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