"Allahabad High Court Raises Concerns over Misuse of Sexual Offence Laws, Calls for Balanced Approach in Bail Applications"
In a recent ruling in the case of Vivek Kumar Maurya v State & Ors, the Allahabad High Court has highlighted the increasing prevalence of false allegations in sexual offence cases. The Court observed that genuine cases of sexual offences are becoming exceptions, with a rising trend of false accusations, particularly when girls and women are involved in prolonged physical relationships with the accused to gain undue advantage.
Justice Siddharth, a single-judge, emphasized the need for caution when considering bail applications in such matters, acknowledging the prevailing bias against men in the legal system. The Court noted that it is now common for individuals to make wild allegations in First Information Reports (FIRs), implicating others without substantial evidence.
The influence of social media, movies, and TV shows promoting an "openness culture" among young boys and girls was also addressed by the Court. It was observed that when this behavior clashes with Indian societal and family values, false cases are sometimes filed in an attempt to protect family honor.
The Court recognized that girls and women often have an upper hand when it comes to the protection of the law, making it easier for them to implicate boys or men in such cases. However, the Court also acknowledged that cases of false implication can lead to severe consequences and injustice.
In a specific case where the accused was charged with rape and offences under the Protection of Children from Sexual Offences Act (POCSO Act), the Court granted bail to the applicant. The Court found that the FIR was based on false allegations and incorrect facts, and the marriage between the accused and the prosecutrix was legally registered. The Court concluded that the prosecutrix's elopement with the applicant and their court marriage indicated continuous consent, undermining the prosecution's case.
The Court cautioned against the practice of filing FIRs through written applications prepared by experts in courts or police stations, as it can lead to false implications. The Court stressed the importance of a balanced and careful approach in dealing with such serious allegations.
Advocate Om Narayan Pandey represented the applicant, while advocate Lakshman Tripathi appeared for the State.
Overall, the Allahabad High Court's ruling serves as a reminder of the need for a fair and impartial legal system that safeguards the rights of all individuals involved in sexual offence cases.
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TAGS: Allahabad High Court sexual offences false allegations rape bail applications gender bias social media influence family values protection of law First Information Report (FIR) Protection of Children from Sexual Offences Act (POCSO Act) elopement court marriage misuse of laws Justice Siddharth Advocate Om Narayan Pandey Advocate Lakshman Tripathi.
