The Delhi High Court has observed that false allegations of rape can leave irreversible and lifelong scars on those who are wrongly accused, while also undermining the credibility of the justice system meant to protect genuine victims of sexual violence.
Justice Swarana Kanta Sharma made these remarks while dismissing an appeal filed by the Delhi Police against the discharge of three men who had been accused of gang rape. The Court upheld the trial court’s decision after the complainant withdrew her allegations during the trial.
The Court emphasized that the harm caused to a falsely accused person goes far beyond legal proceedings.
“Loss of reputation, incarceration, social stigma, and psychological trauma suffered by an accused who is ultimately found to have been falsely implicated may leave scars that remain unhealed for a lifetime, just as the violation of dignity and bodily integrity leaves deep and lasting wounds in genuine cases of sexual assault,” the Court observed.
Justice Sharma noted that merely discharging an accused or offering a few words of sympathy cannot undo the damage caused by false allegations.
At the same time, the Court underlined that false rape cases also adversely impact genuine victims.
“When serious allegations are made and then withdrawn without explanation, it weakens public confidence in the process meant to protect victims of sexual violence. The unfortunate result is that women who have truly suffered such crimes may find their voices questioned or their experiences doubted,” the Court said.
The High Court stressed that false allegations of sexual offences must invite “careful and firm scrutiny” so that the justice system is not misused and genuine victims are not made to suffer due to the actions of a few.
Case Background
The case involved a woman who had accused three men of gang rape, alleging that the assault took place after she was called for a meeting on the pretext of being offered a job. During the course of the trial, she retracted her statements, following which the trial court discharged all three accused. The Delhi Police challenged this discharge before the High Court, which dismissed the appeal on December 15.
Misuse of Victim Compensation Scheme
The Court also addressed a larger systemic concern regarding the misuse of the victim compensation framework. It noted that in several cases, prosecutrixes receive interim compensation under the Delhi Victim Compensation Scheme, 2018, but later withdraw their allegations or turn hostile during trial. Despite this, the compensation is neither returned nor recovered.
Justice Sharma termed this a misuse of public funds, observing:
“If interim compensation disbursed in cases where allegations are subsequently withdrawn or found to be false is routinely allowed to remain unrecovered, it may not only result in misuse of public funds but may also dilute the credibility and sustainability of schemes meant to support genuine victims of sexual violence.”
Directions Issued
To address this issue, the Court issued specific directions, including:
- Trial courts must forward relevant orders and records to the Delhi State Legal Services Authority (DSLSA) in cases where rape proceedings are quashed, the victim turns hostile, or the accused is exonerated.
- This would enable the DSLSA to examine whether steps should be taken to recover the compensation granted.
- Petitions seeking quashing of sexual offence cases must mandatorily disclose whether compensation under the Victim Compensation Scheme was received, along with relevant details.
The judgment attempts to strike a balance protecting genuine survivors of sexual violence while ensuring that false allegations do not destroy lives or erode trust in the justice delivery system.
Case: State of GNCT of Delhi vs Toshib Alias Paritosh & Ors. – Available on LAWFYI.IO
