False Gangrape Case: UP Court Awards 7.5 Yr Jail Term To Woman, Describes Accused As 'Most Lucky Survivors'

A court in Uttar Pradesh's Lucknow earlier this week sentenced a woman to 7.5 years imprisonment for lodging an FIR falsely accusing two men of committing gang-rape against her and for other offences under the SC/ST Act. The Court has also imposed a fine of ₹2.1 lakh on her. The 24-year-old woman (Rekha Devi) has been convicted under Sections 182 and 211 IPC, after the Court found her guilty of filing a false FIR against Accused-Rajesh, with whom she allegedly had an illicit relationship, and Co-accused-BK @ Bhupendra, so as to take revenge and humiliate Rajesh's wife. Special Judge SC/ST Act, Lucknow, Vivekanand Sharan Tripathi, termed the accused, who had to spend 3 months in jail due to a false FIR, as 'Most lucky False Gangrape case survivor'. The Court also lauded the investigating officer for her high-quality investigation in the matter, which allowed the accused to come out of the web of such a false case. In its 42-page order, the judge observed being falsely accused of rape has a permanent negative impact on a man's personality and mental health and it could as well become an obstacle in regaining his self-esteem in society. “It can lead to anxiety, depression and isolation in the person. These effects can affect his behavioural thinking in such a way that his social relationships can be affected and his self-esteem can be damaged. He can feel socially isolated and his employment opportunities can also be adversely affected due to legal and judicial proceedings”, the court remarked. Notably, the Court also referred to a verse from the Lanka Kanda of the epic 'Shri Ramcharitmanas', which describes that even before physical death, a person may be considered as good as dead if they exhibit any of fourteen specific traits, including Category 6 — 'Ajasi' (dishonoured). Explaining the term Ajasi, the Court said that it signifies a person who is so utterly discredited in society that they are considered socially dead, as was the case with the two men, who the court noted, suffered irreparable damage to their honour and reputation could not be undone. “It is often said that a bad man is better than a bad name, and hence, a wise person will endure all hardships to avoid disgrace. Disrepute can destroy everything, making a person, though alive, equivalent to a corpse,” the Court added. Furthermore, the court also expressed resentment over the fact that during the trial, one of the accused (BK alias Bhupendra) passed away (on July 03, 2024) at the young age of 29 years. Whether the social and emotional trauma stemming from the false allegation contributed to his untimely death would remain an unanswered question which warrants serious introspection by all stakeholders in the justice system, the Court said. Against this backdrop, the Court concluded that the original complainant-Rekha Devi, was directly responsible for their character assassination of the accused Furthermore, expressing concerns over such matters coming to light, the Court also observed that the laws made for the trial of special crimes, such as the POCSO Act, SC/ST Act, Dowry Harassment Prevention Act etc., are being misused and the incident of filing false FIRs is creating an adverse impact on the society. Therefore, the Court suggested the Commissioner of Police, Lucknow, that in cases where an individual repeatedly files FIRs for heinous offences such as rape/gangrape (Sections 376/376D IPC and SC/ST Act), the police must mention in the new FIR as to how many previous FIRs have been filed either by the same person or by their family members, whether against the same accused or others. The Court also suggested that in the applications filed under Section 173(4) of the BNSS, where the complainant approaches the court seeking FIR registration, police must provide information about any prior cases registered by the complainant when the court inquires. Interestingly, the Court also suggested the use of Artificial Intelligence (AI) to assist in retrieving and processing such information. Furthermore, the Court directed that if, at the stage of FIR registration in this matter, any relief amount under the SC/ST (Prevention of Atrocities) Rules, 1995, was granted to the convict by the State Government, the concerned District Magistrate shall ensure its immediate recovery. In this regard, stressing that the legislative intent was never to misuse taxpayers' money by disbursing compensation or relief amounts based on false FIRs, the Court, invoking powers under Section 15A(7) of the SC/ST Act, directed the District Magistrate, Lucknow, to ensure that: The entire monetary relief under the Act shall be disbursed only after the submission of the charge sheet, and No cash compensation should be provided merely upon FIR registration. Until the submission of the charge sheet, the victim should only be provided with essential assistance...

False Gangrape Case: UP Court Awards 7.5 Yr Jail Term To Woman, Describes Accused As 'Most Lucky Survivors'

Sparsh Upadhyay

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