Woman sentenced to jail for falsely accusing man of attempted rape

 False case of rape

Hindustantimes  Oct 28, 2021

BHOPAL: A 46-year-old woman and her 29-year-old son-in-law in Ashok Nagar district, in Madhya Pradesh, have been sentenced to 10 years in jail for falsely accusing their four neighbours of gang rape and fabricating evidence in support of her allegation, a senior public prosecutor said on Thursday.

The woman and her son-in-law were in a relationship and decided to frame their four neighbours in 2014 because she did not get along with them, additional district prosecutor Mohammad Azam of Ashok Nagar district, 150km from state capital Bhopal, said.

The First Information Report (FIR) was registered on her statement in August 2014. A DNA test to compare the semen sample from the woman’s clothes with that of her son-in-law, Gopal Rajak. Ashok Nagar’s first additional sessions judge Mahesh Kumar Chauhan sentenced the woman, Guddi Ojha and her son-in-law Gopal Rajak to serve 10 years in prison for fabricating evidence to secure a conviction and criminal conspiracy, six months in jail for giving false information to a public servant.

Police had arrested the accused after lodging the FIR under section 376 D. The medical report of the woman confirmed rape, and her clothes and vaginal swab were taken for further investigation,” Public prosecutor Jafar Qureshi said this was a rare case where the police charged a woman for filing a false case and fabricating evidence and pursued the case to its logical conclusion.

“During interrogation, Gopal Rajak confessed that he was in a relationship with Guddi and they filed a false case to implicate their neighbours, who used to fight with Guddi and Gopal on trivial issues,” police officer VP Singh Jat, who investigated the case, said. originally published

Second case

KOLKATA: A 25-year-old woman, who falsely accused a neighbour of molestation and attempted rape has been charged with perjury and sentenced to a month in jail by the Additional District and Sessions Judge (ADSJ) of Bolpur in Birbhum. 

Jul 17, 2013

The woman claimed that on March 15 this year, when she was alone in her house, one Ram Sardar grabbed her from behind and attempted to rape her. When she raised an alarm, people rushed to the scene and Sardar attempted to flee. The woman's brother-in-law allegedly tried to grab him but the accused assaulted him and fled. Based on her complaint before the ACJM of Bolpur, the Nanoor police station registered a case against Sardar on April 3. He was arrested and charged with an attempt to rape.

Trouble started when ADSJ Manas Basu started examining the witnesses, including the alleged victim. She deposed that she had lodged the complaint against Sardar as there was pressure upon her from the parapeople. She claimed that Sardar is a good and well-behaved person and the contents of the written complaint are false.

The court found that none of the witnesses corroborated the facts as stated by the woman in her initial complaint.

On June 28, 2013, the ADSJ dropped all charges against Sardar and set him free. The judge was so displeased he moved a suo motu case against the woman, charging her with perjury for lying under oath under Section 344 of the CrPC.

"Considering the present position of the society and the anxiousness of the hon'ble apex court regarding atrocities on women, it is very relevant that women should not use the courts as their machine of blackmailing innocent people. The court must not be the puppet in the hands of the unscrupulous people.

The legislation has made provisions to prevent such practices which must be adopted by the courts in appropriate cases. This court gave a reasonable opportunity to the accused at the time of the evidence and is now setting the law in its course as admitted facts need to be proved (Chapter III of the Indian Evidence Act). The accused is found guilty under Section 344 of the CrPC for giving false evidence,"" the judge noted in his order. 

Originally published by TOI Jayanta Gupta / TNN / Updated: Jul 17, 2013

Third case

August 19, 2018

On August 19, 2018, A woman had lodged a complaint at the Phoolbagan police station in June, that the barber had sexually assaulted her eight-year-old daughter while giving her a haircut.

During the examination of witnesses in the case earlier this week, the woman admitted in the court that she had levelled false allegations against the man under the Protection of Children from Sexual Offences (POCSO) Act.

The man, who is in his 40s, was arrested following the complaint and was in custody since then.

During the trial before the Special Judge (P) Jimut Bahan Biswas at Sealdah Court, when the mother of the child was being questioned as a witness, the woman said she had made false allegations against the man, public prosecutor Vivek Sharma said.

However, she did not tell the court the reason for levelling the false charges, Sharma said. The judge acquitted the man of all charges and ordered his release. The Judge then initiated proceedings against the woman and sentenced her to two months in jail for bringing the false charges against the man, who had also been behind bars for over two months.

Sharma said that under the POSCO Act, there is a provision for sentencing a person up to six months in jail for bringing false charges. 

From News18

fourth case 

Girl gets 3 months in jail for a false rape charge

Oct 14, 2018, ANANTNAG: A teenage girl has been sentenced to three months in prison for falsely accusing a man of rape and criminal intimidation in Anantnag.

A girl had in March filed an FIR at Achabal police station against Tajammul Nisar, accusing him of abduction, rape and criminal intimidation. Following the complaint, she testified before the Judicial Magistrate, Anantnag, and repeated the accusations. The case was subsequently put under trial in a fast-track court. 

“Finally, the girl backtracked and told the court that she had lied as Nisar had turned down her proposal for marriage,” 

Additional Sessions Judge, Anantnag, Masarat Shaheen termed the sentence a “lenient” one in her judgment dated October 10. “Taking a lenient view, the accused is sentenced to three months in simple imprisonment. She shall be lodged at the Central Jail, Srinagar,” the judgment reads. 

Additional Public Prosecutor, Syed Suhail Haqqani, said. The judge told The Tribune that she comes across many cases where false allegations are levelled against men for different reasons. “This should definitely serve as a deterrent. The truth always prevails,” she said. 

Original in Tribune India