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Tougher rape law leading to increase in false cases?
Sana Shakil,TNN | Feb 22, 2014, 12.28 AM IST
While in 2012, the acquittal rate in rape cases was 46%, in the first eight months of 2013 (for which exact figures are available) it shot up to 75%.
NEW DELHI: Fears have been expressed that strengthening of the law against sexual offenses after the Nirbhaya case has also led to an increase in false cases. Now, there's some evidence to support this claim. Statistics on the disposal of rape cases in Delhi's trial courts show a sharp increase in the acquittal rate after the infamous December 16, 2012, gang rape.
While in 2012, the acquittal rate in rape cases was 46%, in the first eight months of 2013 (for which exact figures are available) it shot up to 75%. Sources said acquittals remain high this year as well, accounting for around 70% of the cases.
Legal experts say the high acquittal rates are because of a spurt in the number of false rape cases being filed. The observations of judges in acquittal cases also bear this out.
"This is an unfortunate trend. In many cases, women come up with the plea that they had registered the case out of anger and due to misunderstanding," said additional public prosecutor A T Ansari, one of the main prosecutors in the Nirbhaya case. A senior woman lawyer, who did not wish to be named, said, "It's sad but true. Registration of false cases is rampant and hence, the alarming acquittal rate. The new law is being misused because of the widened definition of rape."
Experts feel the amended law is "widely-worded" and "ambiguous" in parts and lends itself to misuse. "In around 90% of acquittal cases, the victim turns hostile. Mostly, it turns out to be a case of a relationship gone bad. The sex is consensual but the victim claims that the consent was given on account of promise of marriage," said a senior public prosecutor on condition of anonymity.
http: // timesofindia . indiatimes . com / city /delhi/Tougher-rape-law-leading-to-increase-in-false-cases/articleshow/30807940.cms
While in 2012, the acquittal rate in rape cases was 46%, in the first eight months of 2013 (for which exact figures are available) it shot up to 75%. Sources said acquittals remain high this year as well, accounting for around 70% of the cases.
Legal experts say the high acquittal rates are because of a spurt in the number of false rape cases being filed. The observations of judges in acquittal cases also bear this out.
"This is an unfortunate trend. In many cases, women come up with the plea that they had registered the case out of anger and due to misunderstanding," said additional public prosecutor A T Ansari, one of the main prosecutors in the Nirbhaya case. A senior woman lawyer, who did not wish to be named, said, "It's sad but true. Registration of false cases is rampant and hence, the alarming acquittal rate. The new law is being misused because of the widened definition of rape."
Experts feel the amended law is "widely-worded" and "ambiguous" in parts and lends itself to misuse. "In around 90% of acquittal cases, the victim turns hostile. Mostly, it turns out to be a case of a relationship gone bad. The sex is consensual but the victim claims that the consent was given on account of promise of marriage," said a senior public prosecutor on condition of anonymity.
http: // timesofindia . indiatimes . com / city /delhi/Tougher-rape-law-leading-to-increase-in-false-cases/articleshow/30807940.cms
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