right hand and forcibly took her in Beriwala Bagh
(Beriwala Garden) and raped her. Her mother, Kaushal
Khatoon, went searching for her and reached ... love with Ruksar and thus the prosecutrix implicated him
in a false rape case; that the trial court erred in relying on the
testimony
State vs . Umesh on 29 January, 2014
IN THE COURT OF Dr. KAMINI LAU: ADDL
rape nor it can be construed as evidence of rape. Besides, I am conscious of the fact that in a matter of rape the statement ... courts should, at the same time, bear in mind that false charges of rape are not uncommon. There have also been rare instances where
counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. Even as per prosecution version, victim ... submitted that allegations against the applicant regarding kidnapping and rape are false and baseless. As per medical examination report, age of the victim
done, nothing would
come out as no rape has been committed and they feared that their false
story would get exposed as such they opted ... have been wearing at the time of alleged rape. As
such no case of rape is even prima facie made out against the accused
Munna
circumstances which clearly indicates that the accused is innocent and
has been falsely implicated in the present case. The prosecution has
failed to prove ... falsely implicated him in this case or that no such
incident had taken place with her or that accused had not raped her or
that
State vs . 1. Devi Prasad on 26 August, 2013
1
FIR No. 57/11
PS
held that Courts should, bear in mind that
false charges of rape are not unknown. The crossexamination ... 2011 or that she deposed falsely
in her examinationinchief regarding commission of rape by accused
Jakir Malik on 02/02/2011 at Nihal
life and character of his own daughter by levelling the false
allegations of rape upon her. In this regard, the learned Addl. PP
has relied ... that no one would normally concoct a story of rape just to
falsely implicate a person.
56 The accused cannot take benefit
falsely
implicated to accused at the instance of her father or that she has
concocted a false story of rape against the accused ... offence of rape as defined under Section
375 of the IPC (unamended) is not made out as for the
purposes of rape to qualify
