The Madhya Pradesh High Court recently quashed a rape case against a man filed by his second wife. The court has observed that the case was false and is to extract the money attempted by a wife to convert domestic disputes into criminal allegations. In this case, the 41-year-old respondent is alleged by the 55-year-old petitioner and said she was raped by him in 2001 as a result of which she became pregnant of such relationship.
She also claimed that her husband had a continuous relationship with her and due to which she is asking for her maintenance amount and charged him for the allegation of crime in committed rape and threatening her. The respondent on the other hand petitioned the instant Section 482 criminal procedure code to challenge the FIR registered against him arising out of the case under section 376 (Commits rape), 506 (Punishment for criminal intimidation) of the Indian Penal Code.
The parties are from Schedule Caste and the husband was living with both of his wives with the consent of his first wife. The court observed that the wife lived with his husband and was blessed with a boy and after that, she is filing for an unbelievable rape case. So, the court concluded that allowing such a false allegation to stand and dragging the petitioner into litigation to defend himself would be an injustice. As such the court has quashed the FIR and all the criminal proceedings and allowed the petitioner’s plea.
In case a false complaint has been registered or false evidence has been presented to prosecute an innocent person or any intention exists to accuse an innocent accused, the Indian Penal Code codified certain laws which has been taken as a defence by a falsely accused such as section 182, false information with the intent to cause public servant to use lawful power to the injury of an innocent person.
Section 191 for giving false evidence will be charged for imprisonment which may extend to seven years and shall also be believable for a fine. Section 192, fabricating false evidence shall be punished for imprisonment for 3 years which may extend and fine.
Rape is a heinous crime in the eyes of the law but if a person is falsely accused then that person has the right to take action in filing a case against defamation because the accused reputation is being hampered due to the false accusation. Defamation is the act of communicating false statements about a person whose reputation gets injured in the eyes of an ordinary man. Any false and wrong statement published or spoken knowing to damage someone’s reputation is defamation. Article 19(2) has imposed a reasonable exemption to freedom of speech and expression. Defamation is a civil and criminal offence. In civil law, defamation is punishable under the Law of torts by punishing in the form of damages to be awarded to the affected person. Under Criminal law defamation is bailable, hence the policeman arrest a person with the warrant issued by the magistrate.
Defamation can plead for the defence such as if a statement published is true, a fair comment made with public interest based on true incidents, judicial proceedings and members of parliament are vested with a privilege to make a defamatory statement.
Section 500 of the Indian penal code state the punishment for defamation is imprisonment of 2 years or fine or both.
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