Delhi Court Convicts Woman For Defamation Over False Rape Allegations Against Brother-In-Law

A Delhi Court has convicted a woman for defamation for levelling false allegations of rape and sexual harassment against her brother-in-law, leading to his arrest and 41 days in judicial custody.

Additional Chief Judicial Magistrate Swati Gupta of Dwarka Courts sentenced the woman to simple imprisonment for three months and imposed fine of Rs. 5,000 on her.

However, the judge allowed her application for suspension of sentence for one month to enable her to file appeal against the order.

The criminal defamation case was filed by the brother in law, a doctor by profession. The woman, his sister in law, had lodged an FIR against him and other members of the family. It was his case that the allegations in the woman's FIR were false, fabricated, frivolous and defamatory.

The woman alleged that her brother in law was having a bad eye on her, flirted with her, forcibly kissed and sexually assaulted her.

The man was arrested and was subjected to judicial custody for 41 days. Later, he and other family members were acquitted as the woman did not support her allegations.

Convicting the woman, the judge noted that the woman admitted in her cross-examination that she had filed a false complaint as told to her by the police officials.

“Firstly, in my considered opinion, the accused cannot be permitted to keep changing her stand and keep on blaming someone else for her false statements made on oath in Court. Secondly. it is unbelievable that a woman against whom an offence of rape has been committed, would resile from her allegations of rape for the purpose of settlement,” the Court said.

It added that while settlement is not permissible in rape cases, it does not give a complainant in a rape case, an excuse to resile from her statement or complaint, on the pretext of settlement.

Further, the Court said that being an educated woman, she should have known the difference and if the accusations made by her were truthful, she ought to have chosen to settle the matrimonial dispute, without prejudice to her right to pursue the rape case on merits.

It also said that the woman was interested in settlement of her matrimonial disputes, more than pursuing the case of rape against the brother in law.

“In view of the above discussion, it is concluded that the complainant has been successful in establishing his case beyond reasonable doubt and all the ingredients of offence u/s 499 IPC have been proved against the accused. The complaint of the complainant is allowed, and the accused Ms. Jayshree is hereby convicted of the offence under Section 499 r/w 500 of the Indian Penal Code, 1872,” the Court said.