Beware of false rape claims: SC

NEW DELHI: In a landmark judgment, the Supreme Court has alerted the trial courts about the rising incidence of frame-ups in rape cases on the basis of false testimonies by alleged victims.

While reaffirming the resolve of the judiciary to deal firmly with sexual assault, a Bench comprising Justices R Raveendran and B Sudarshan Reddy said that courts needed to be aware of the tendency to use allegations of rape to settle scores.

"The courts should, at the same time, bear in mind that false charges of rape are not uncommon," said the Bench as it acquitted one Radhu from Madhya Pradesh, who was convicted for forcibly confining a minor and raping her through the night more than 16 years ago.

The caution sounded by the apex court takes on significance because of the rulings it has given over the years relying on the victim’s testimony to convict the accused, even if the corroborative evidence and the medical examination do not establish sexual assault.

The apex court reiterated its earlier rulings on rape cases:

• If the victim states on oath that she was raped, her statement will normally be accepted, even if uncorroborated

• Even if there is consent, it is rape if the girl is under 16 years of age

• Absence of injuries on victim’s private parts will not falsify the case and can’t be taken as evidence of consent

• Even if there is no medical evidence of rape, this may not be sufficient to disbelieve the victim’s accusation

But it also focused on the rising abuse of the rape law, asking trial courts to be alert about possible frame-ups.

"There have also been rare instances where a parent has persuaded a gullible or obedient daughter to make a false charge of rape either to take revenge or extort money or to get rid of financial liability."