Man moves SC with habeas corpus against rape victim

In an unusual case, a man has approached the Supreme Court with a direction to the Delhi police to produce a woman, who made “false” rape charges against him and his son, resulting into physical and mental torture and imprisonment, at the instance of his estranged daughter-in-law, working as a Delhi police sub-inspector.

The man, identifying himself as 'Nirdoshi' (innocent), filed a habeas corpus petition through his counsel Wills Mathews.

“The number of false cases to settle personal scores, family disputes, and civil matters is increasing at an alarming rate and has developed as an organized crime. Because of the delay in the administration of justice and the stigma attached, most innocent accused are forced to settle the cases resulting in mushrooming growth of false cases,” he contended.

The petitioner, a resident of Haryana, alleged that a concocted FIR was lodged with the New Ashok Nagar police station here on November 9, 2018 by the woman complainant, alleging she was raped by him and his son on two occasions - first in June, 2017 and the second time in October, 2018 . He claimed the case was lodged after threat received by his estranged sub-inspector daughter-in-law.

”There was no narration of the date, time, the exact location, or any other elementary details in the FIR. The action of the police in arresting and physically torturing his son is an issue of violation of basic human right,” he said.

His son had to suffer incarceration between December 6 and 12, 2018, though he secured anticipatory bail.

“The victim has refused internal medical examination. Moreover her version under Section 164 CrPC is quite different from the FIR. She nowhere alleged that the son of the petitioner had raped or made any video. Her signature in various records are altogether different with no similarity,” he alleged.

As on today, the victim was not traceable. The petitioner's fundamental right to lead a happy and dignified life was disturbed by the police, resulting into huge losses of time, reputation being affected, finances and a lot of physical, mental, physiological and social harassment for his entire family, his plea stated.