SC: Rape accused must be protected against possibility of false implication

While rape causes the greatest distress and humiliation to a victim, a false allegation can cause equal distress, humiliation and damage to the accused and he must be protected against such implication, the Supreme Court has said. A bench of justices B R Gavai and J B Pardiwala said when an accused approaches court for quashing FIR on the ground that such proceedings are manifestly frivolous or vexatious, then in such circumstances the court owes a duty to look into the FIR with care and a little more closely.

“It cannot be lost sight of that rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause equal distress, humiliation and damage to the accused as well. The accused must also be protected against the possibility of false implication, particularly where a large number of accused are involved,” the bench said. The top court said once the complainant in a rape case decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings.

“The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence.

“Therefore, it will not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not,” the bench said. The apex court said in frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines