If a woman lodges a false complaint of rape, then she should be prosecuted, observed the Bombay high court on Wednesday while granting anticipatory bail to an Art of Living teacher accused of rape.
Justice Sadhana Jadhav said, “The police should be careful and distinguish between genuine cases and false complaints.”
The judge remarked that of late several cases were coming to the HC in which ‘victims’ had filed rape complaints and alleged that they had entered into relationships after being promised marriage.
“In a relationship between consenting adults, sometimes, such complaints are filed in the heat of the moment. This sends wrong signals to society,” observed justice Jadhav.
The judge said the police should conduct initial inquiry into the matter and decide whether it is a genuine complaint or not.
The court was hearing an anticipatory bail application filed by Divyesh Vala, 35. He had sought anticipatory bail saying he has been falsely implicated and the case is causing him severe harm and mental agony. The complaint was filed by a central excise inspector, 42, alleging Vala raped her on the pretext of marrying her.
According to additional public prosecutor, Anil Shitole, the victim, who is also a divorcee, had contacted Vala through a social networking website, where they became good friends. Vala later cut all ties with her and married another woman in May. Following this, she registered a complaint with the RAK Marg police station in June this year.
Justice Jadhav, while granting Vala anticipatory bail against a surety of Rs15,000, said that both of them are adults and the victim, in her complaint, never said that she had sexual relations with Vala because he promised to marry her.
The court observed that Vala cannot be sent to custody as it would not serve any fruitful purpose except satisfying the complainant’s vendetta.
Justice Jadhav has directed him to report to the RAK Marg police station on Sundays.