On December 2022, a criminal complaint was filed in the jurisdiction of Mumbai, accusing three individuals of committing the offenses of gang rape, assault with a deadly weapon, and causing injury through the use of a cigarette. The alleged victim, a 42-year-old woman, claimed that the defendants had forcibly committed these acts against her. However, upon conducting an investigation, the Mumbai Police have determined that the allegations made in the complaint are false. It has been determined that one of the defendants had been wrongfully incarcerated for 40 days, as a result of the false allegations.
Case:
In her initial report to the police, the complainant alleged that on November 30, 2022 at approximately 5:00am, while she was in her residence and in a state of slumber, an individual knocked on her door. Upon opening the door, no one was present, however as she turned to close it, three individuals forcibly entered her residence, as reported by Hindustan Times. The complainant further alleged that one of the individuals was in possession of a deadly weapon, a knife, and used this weapon to physically assault her, causing her to fall to the ground. The First Information Report (FIR) states:
He slashed me on the chest, hand and inflicted burn injuries on my private parts with cigarettes. The trio then sexually assaulted me and threatened to kill me.
The alleged victim presented herself to the Kurla Police Station, where her statement was taken and recorded according to established legal protocols. Subsequently, she was medically examined and treated at Bhabha Hospital for a period of two days.
FIR Registered Based on Woman’s Statement
Based on the statement provided by the complainant, an FIR was registered under the jurisdiction of the Deputy Commissioner of Police, Manoj Patil. In accordance with the information provided by the complainant, sections of Indian Penal Code were invoked which includes, but not limited to:
- Section 376 (rape)
- Section 376 (d) (gang rape)
- Section 377 (unnatural offences)
- Section 452 (house-trespass after preparation for hurt, assault or wrongful restraint)
- Section 354 (assault or criminal force to woman with intent to outrage her modesty)
- Section 509 (Word, gesture or act intended to insult the modesty of a woman)
- Section 324 (voluntarily causing hurt by dangerous weapons)
- Section 323 (voluntarily causing hurt)
- Section 504 (intentional insult)
- Section 34 (common intent)
…of the IPC.
The police initiated an investigation into the matter and subsequently released a statement in December, which stated as follows:
We have contacted the doctor to get a medical report regarding her allegations about the injuries on her body.
Police Investigation: Gang Rape Case Fake
After conducting a thorough investigation, the Mumbai Police have determined that the allegations of gang rape made in the complaint are false.
Two medical records were obtained from JJ and Bhabha Hospitals, which clearly stated that the rape allegation was false and the injuries were self-inflicted.
The police had also submitted the visual evidence collected from the alleged crime scene for forensic examination. The results of these examinations were received early last week. According to sources at the Kurla Police Station, the forensic reports did not support the allegations made in the complaint. An official of the police department, speaking with The Free Press Journal, stated:
We are in the process of making a summary report, which will be submitted in court. In this report, all the examination and forensic reports will be attached.
The police have reported that the two additional suspects named in the complaint have denied all allegations, asserting that they are fabricated and made with the intent of seeking revenge by the alleged victim. According to the police, the motives behind the false allegations stem from a business rivalry related to illicit drugs. One of the three suspects, Bablu also known as Mohammad Yakub Siddiqui, was arrested and detained in custody for a period of 40 days until the conclusion of the investigation.
VFMI Take:
It is imperative for the Government of India to establish clear and severe penalties for individuals, regardless of gender, who make false accusations of sexual offenses for personal motives such as revenge. This is to ensure that the integrity of the legal system is upheld and that the rights of both the accused and legitimate victims of sexual offenses are protected.
It is important to consider the financial and resource implications of false accusations on the operations of law enforcement agencies. The question of who bears responsibility for the financial costs incurred by the state as a result of such false accusations, including the use of time and resources of law enforcement personnel, is an important issue that should be addressed through the implementation of accountability measures.
It is crucial to ensure that false accusations do not impede the administration of justice for legitimate victims of sexual offenses. The question of accountability for delays in trials caused by false accusations is an important issue that should be addressed through the implementation of measures to prevent such false accusations and through the establishment of a system of accountability for those who make false accusations.