New Delhi: A lawyer has been acquitted in a rape case by a Delhi court, which said it was time to take a stand to protect men from such false implications. The court, which said the lawyer may file a case for damages against the complainant, made the observation in the rape case lodged by the woman after she retracted from her complaint.
The woman had alleged that she was repeatedly raped in the chamber of the accused at a court from 2010-2012. Additional Sessions Judge Nivedita Anil Sharma said, "It can't be ignored that accused, a lawyer, due to this case...has suffered humiliation, distress and misery besides expenses of litigation."
"His plight may also continue after his acquittal as his 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 a rape case accused," the judge said, adding, "It may not be possible to restore his dignity and honour nor compensate him for humiliation, misery, distress."
The court also stressed on the need to protect men from such cases in which they are falsely implicated, saying it was time to take a stand. "No one discusses about dignity and honour of a man as all are only fighting for the rights, honour and dignity of women. "Laws for protection of women are being made but where is the law to protect a man from such a woman where he is being persecuted and implicated in false case, as in the present case. Perhaps, now it is the time to take a stand," it said.
According to the prosecution, the woman, who was working as a clerk with the accused, had lodged a complaint alleging she was repeatedly raped for two years by him and he had also threatened to kill her if she disclosed the same to any one. Charge sheet was filed against the accused under sections 376(2)(n) (repeatedly raping a woman), 354A (sexual harassment), 354D (stalking), and 506 (criminal intimidation) of the IPC.
The woman, however, turned hostile before the court saying accused was innocent and she lodged a complaint out of anger. "The evidence of prosecutrix makes it highly improbable that such incident ever took place.
She has categorically deposed that the accused has not raped her nor threatened her to kill her and her family. She did not have any grievances against the accused. She has even prayed for his acquittal," the court noted.
The court further said, "Statement under section 313 of the CrPC of accused is dispensed with as there is nothing incriminating against him."
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