Delhi District Court
State vs . Bhopal Sharma, on 17 July, 2013
IN THE COURT OF SH. VIRENDER BHAT, A.S.J. (SPECIAL
FAST TRACK COURT), DWARKA COURTS, NEW DELHI.
SC No. 43/13.
Unique Case ID No. 02405R0301992012.
State Vs. Bhopal Sharma,
S/o Late Sh. Ram Savroop Sharma,
R/o RZB-23, Bindapur Extn.,
New Delhi.
Date of Institution : 21.12.2012.
FIR No.399 dated 11.10.2012.
U/s. 366/376 IPC.
P.S. Dabri.
Date of reserving judgment/Order : 17.7.2013.
Date of pronouncement : 17.7.2013.
JUDGMENT
1. This case unfolds the said and sordid story of a frail and traumatized person old aged 75 years who has been arrested and prosecuted for the offence of rape which he had not committed at all. The poor old man had to suffer incarceration in jail for six months before he was released on bail by this court for absolutely no fault and besides that had to suffer the ignominy and humiliation at the hands of his friends and relatives for having been arraigned as an accused in a rape case. It would be limpid from the following discussion that a false rape case was slapped upon the accused, who was residing alone, his wife having already expired and children living separately, merely to extract money SC No.43/13. Page 1 of 8 from him and/or to usurp his property. However, let me first describe the prosecution case.
2. As per the case of the prosecution, one Mrs. Anita, who was residing in the neighbourhood of the prosecutrix namely 'R' (real name withheld in order to conceal her identity) had met the accused in DDU Hospital. The son of Anita was admitted in the hospital and the accused was looking after his ailing wife who was also admitted in the hospital. After such acquaintance in the hospital the accused had become the brother of said Anita. Later on the wife of the accused expired. Meanwhile a friendship had developed between the prosecutrix and Anita. Anita told the prosecutrix that an old man residing at Bindapur is in need of a maid who would prepare food for him and do other domestic chores and would have to stay in his house. Anita introduced the accused with the prosecutrix in her house in July, 2012 and thereafter Anita left the prosecutrix at the house of the accused in the same month. Prosecutrix continued to work in the house of the accused for about one week, went to her home on Saturday and Sunday and on return therefrom, accused raped her. The accused told her that she is a divorcee and he himself is a widower and she should not disclose the incident to anybody as he would marry her. The accused continued to have sexual intercourse with the prosecutrix almost daily but did not marry her. He told her that if she narrated the incident to anybody, she would be humiliated as everybody in the neighbourhood knows that he is a gentleman and cannot perform sexual acts such in old age. After the festival of Raksha Bandhan, Anita took back the prosecutrix alongwith her but the prosecutrix did not tell her anything about what she had SC No.43/13. Page 2 of 8 been going through at the house of the accused as she was under
impression with the accused would marry her. However when the accused did not solemnize marriage with the prosecutrix, the prosecutrix made a call at telephone no.100 on 10.10.2012. Thereafter the prosecutrix appeared in the police station herself on 11.10.2012 and her statement was recorded by SI Nirmal Sharma, on the basis of which FIR was registered.
3. Accused came to be arrested on 11.10.2012 itself from his residence at the instance of the prosecutrix. He is stated to have made a disclosure statement admitting his guilt. Both the accused as well as the prosecutrix were sent to DDU Hospital for medical examination. Statements u/s.161 Cr.PC of the witnesses were recorded. The prosecutrix was got counselled through an official of NGO and then produced before the concerned Ld. Magistrate who recorded his statement u/s.164 Cr.PC. The exhibits collected from the hospital after the medical examination of both the accused as well as the prosecutrix were sent to FSL for forensic examination as well as DNA fingerprinting. The call detail record of the mobile phone of the accused as well as the prosecutrix were obtained. Later on, the accused was also subjected to potency test wherein it was opined that there is nothing to suggest that he cannot perform sexual intercourse.
4. After the completion of investigation, Charge Sheet was laid against the accused before the concerned Ilaqa Magistrate for the offences u/s.376/366/342 IPC. Upon committal of the case to the court of Sessions, the accused was charged with having committed the offences punishable u/s.376 IPC and u/s.342 SC No.43/13. Page 3 of 8 IPC on 19.1.2013. The accused abjured his guilt and therefore trial was held. The prosecution has examined 19 witnesses to bring home the guilt of the accused.
5. Here it needs to be noted that when the case file was perused for preparing the statement of accused u/s.313 Cr.PC, it was found that no incriminating evidence has come on record against the accused as the prosecutrix has turned hostile and has not supported the prosecution case. She, appearing as PW18 for the prosecution, admitted that she worked as a maid in the house of accused for about 20 days and further deposed that accused had slapped her and refused to give her money on her demand. She further deposed that when she apprised Anita about the same, at her instance as well as at the instance of one Kuldeep, who resides in her neighbourhood and whom she considers as her brother, she filed a complaint of rape against the accused in the police station. She categorically stated that accused had not committed rape upon her and she has levelled false allegations against him on the asking of Anita and Kuldeep. She was extensively cross examined by the Ld. APP after declaring her hostile wherein also she reiterated that she had made a false statement against the accused to the police as well as to the Ld. Magistrate. In the cross examination conducted on behalf of the accused, she admitted that Anita had accompanied her to the hospital when she was medically examined and also to the court when her statement was recorded u/s.164 Cr.PC. She also admitted that Kuldeep and Anita wanted to usurp the house of the accused.
SC No.43/13. Page 4 of 86. It is pertinent to mention here that the aforesaid Anita had also been examined by the prosecution as PW11. She admitted having got acquainted with the accused in DDU Hospital whereafter accused used to visit her house. She also deposed that she had facilitated talks between the prosecutrix and the accused whereupon the prosecutrix agreed to do work of maid in the house of the accused at a monthly salary of Rs.4,000/-. She then accompanied the prosecutrix to the house of accused and left her there. She has further deposed that after one and a half months thereto, she received a phone call from the prosecutrix at about 11 p.m. saying that the accused has raped her. Prosecutrix came to her house the next day in the morning at about 9 a.m. and she had accompanied her to P.S. Dabri where complaint was lodged against the accused. The Ld. Counsel for the accused, for the reason best known to him, has chosen not to cross examine this witness. However her deposition regarding the incident of rape becomes unreliable and not worthy of credence in view of clear cut testimony of the prosecutrix, as noted herein-above.
7. The testimony of the prosecutrix (PW18) clearly demonstrates that she had levelled false allegations of rape against the accused at the instance of PW11 (Anita) and one Kuldeep. It is amply manifest that the accused had not committed rape upon the prosecutrix and a false story of rape had been cooked up by PW11 and at her instance PW18 lodged the complaint against the accused. It is further evident that PW11 wanted to usurp the house of the accused by ensuring that he remains in jail for a long time.
SC No.43/13. Page 5 of 88. It is a matter of intense regret that even the frail and sick aged persons are not spared from the false allegations of rape. There can be nothing more discomforting and painful than false accusation of rape against a fragile old man who has already seen 75 summers. Right since the day, when the accused was produced before me for the first time, I wondered how such a frail old man, who can not even stand straight, would rape a young lady in her mid thirties, having lot more strength than the accused. I suspected something fishy right since day one and my suspicion came true in the deposition of the prosecutrix. A grandfatherly figure had to suffer humiliation amongst his children neighbours etc. besides suffering jail term of about six months on false charges of rape.
9. Can the lost honour and dignity of the poor old accused be restored. Can he spend the 'Sanyas Ashram' of his life as peacefully as he would have, had he not been arraigned as accused in this case. Certainly the memories of this false case, horrible days spent in jail and presence in court during hearings would hound him like a ghost for the remaining part of his life. He would not command that much respect and reverence in his family, which he used to before the present case.
10. I have earlier also observed in one of my judgments that after the infamous gang rape of a medical student in a moving bus in South Delhi on 16.12.2012, the whole nation arose from slumber suddenly for showing anger and outrage towards incidents of rape and demanding stringent punishment for rapists. Media, both print and visual, started highlighting the rape SC No.43/13. Page 6 of 8 incidents, a commission was set up by the Govt. of India for suggesting a stern penalty for rapists and criminal laws were amended. Such an atmosphere was created that the mere statement of a lady that she has been raped, came to be taken as gospel truth, the accused arrested and charge-sheeted. This lead to an unprecedented surge in filing of false rape cases, wherein accused had to be acquitted after a protracted trial. It is these false cases which play havoc with the crime statistics leading to the labelling of Delhi as a 'rape capital'. Nobody bothers to see in how many cases are the accused in fact convicted. Media turns a blind eye towards acquittals. The acquittal of an accused is not noticed at all and he continues to be labelled as a 'rapist' even after his honourable acquittal.
11. In my opinion, the time has come that the acquittals in rape case should be taken seriously. The acquitted accused in such cases involving disgraceful accusations of rape, which is the most hated crime in the society, too are the victims. Their lost honour, dignity and status in the society cannot be restored but they can be compensated so that they are able to start life afresh. The courts need to be empowered to award compensation to men acquitted in false rape cases by either amending the existing section 357 of Code of Criminal Procedure, 1973 or adding a separate section in the Code. These 'victims' of false rape cases cannot be forgotten. A false allegation of rape creates havoc in the life of the accused. His whole future is shattered, his family faces isolation & ridicule and his life destroyed. It is very difficult to come out of the shock, trauma, ridicule and humiliation of having been arraigned in a rape case, even after the acquittal by SC No.43/13. Page 7 of 8 the court.
12. I hope and trust that the media, which is an important pillar of our democratic set up, would strive to highlight the plight of rape accused after their acquittal by courts in the same way in which they report filing of rape cases.
13. Be that as it may, the accused herein is acquitted. This is all what this court can do in his favour. Rest is upon the society in general and media in particular how they would treat the accused hereafter.
14. I hasten to say that PW11 (Anita) who was the mastermind in cooking up false allegations of rape against the accused should not be let off and deserves to be prosecuted for fabricating and giving false evidence, which is being done by way of a separate order of even date.
Announced in open (VIRENDER BHAT)
Court on 17.7.2013. Addl. Sessions Judge
(Special Fast Track Court)
Dwarka Courts, New Delhi.
SC No.43/13. Page 8 of 8