NEW DELHI: It's time we protect men from implications of trumped-up cases and uphold their “dignity and honour", a trial court observed here on Monday while acquitting a lawyer in what turned out to be a false rape case. Noting that the lawyer had been framed in the case, the court said he may now file a suit seeking damages from the complainant on account of “humiliation, distress and misery he suffered“.

The woman had alleged that she was repeatedly raped by the accused from 2010-2012 in his chamber inside the complex of a district court. However, she retracted from her complaint while deposing in court, confessing that he was innocent and she had lodged a complaint against him out of anger. She even prayed for his acquittal in court.

“No one discusses the dignity and honour of a man as all are fighting for the rights of women. Where's the law to protect a man from a woman when he is being persecuted and implicated in a false case? Perhaps, it's time to take a stand,“ additional sessions judge Nivedita Anil Sharma said. His plight may also continue after his acquittal as the implication may have caused an uproar in society... but his acquittal may not even be noticed. He would continue to suffer the stigma of being accused of rape. It may not be possible to restore his dignity and honour nor compensate him for humiliation, misery and distress,“ the judge said.

According to the prosecution, the woman, who was working as a clerk with the man, lodged a complaint alleging that he had repeatedly raped her for two years and that he had also threatened to kill her if she disclosed her `plight' to anyone. The accused was subsequently chargesheeted for offences under sections 376(2)(n) (repeatedly raping a woman), 354A (sexual harassment), 354D (stalking) and 506 (criminal intimidation) of Indian Penal Code.

The woman, however, turned hostile while deposing as a prosecution witness. “The evidence of prosecutrix makes it highly improbable that such incident ever took place. She has categorically deposed that the accused didn't rape her nor threatened to kill her and her family.She did not have any grievances against the accused.She has even prayed for his acquittal,“ the court said, while acquitting the lawyer.

Times View

There can be no dispute that stringent laws are needed to deal with sexual assaults on women. However, the system must also factor in the reality that strong laws are prone to misuse. As we've said before in these columns, provisions in such laws that deter false and motivated complaints must be made easier to use and enforced more vigourously. Of course, the mere fact that the accused in a sexual harassment case is acquitted would not be enough to trigger this provision. The accused would have to prove that the complaint is false and filed with malafide intent.



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