10 Jan 2010

Indian woman will not make false rape allegations: Supreme Court

Taking a high-moral note of the psyche of Indian women, the Supreme Court in a recent decision has declared that Indian women would not make false allegations of rape. They are conscious of the social setting and thus would not make such allegations which cannot be sustained. The Court was dealing with an appeal filed by a person convicted of rape of a minor girl of twelve years wherein the lowers courts had relied upon the testimony of the victim. Approving the stand taken by the lower courts, the Supreme Court inter alia observed as under;

21. It is also a matter of common law that in Indian society any girl or woman would not make such allegations against a person as she is fully aware of the repercussions flowing therefrom. If she is found to be false, she would be looked by the society with contempt throughout her life. For an unmarried girl, it will be difficult to find a suitable groom. Therefore, unless an offence has really been committed, a girl or a woman would be extremely reluctant even to admit that any such incident had taken place which is likely to reflect on her chastity. She would also be conscious of the danger of being ostracized by the society. It would indeed be difficult for her to survive in Indian society which is, of course, not as forward looking as the western countries are.
22. Thus, in a case of rape, testimony of a prosecutrix stands at par with that of an injured witness. It is really not necessary to insist for corroboration if the evidence of the prosecutrix inspires confidence and appears to be credible.

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