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Acquittal in Rape Cases

False Rape Case Acquittal

Rape is the one of the most heinous crimes that exists today in the modern society. Rape cases have become so frequent today that it happens at a frequency of an ad commercial which is worst. The standard of society is deteriorating and so as moral. There can be n reasons for the cause but rarely one effective that pose as a solution.

Women are the greatest gift to society. A small girl is treated as a goddess on earth. As the people adapt western culture and started following their trend by changing their living standards, their eating habits, dressing culture, a different form of influence exists. In regard of all this, a woman is always a victim in society by a man who is denoted as a social animal. There are many cases in today's time where even a girl child got raped.

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In many cases, rape victims got acquitted on various grounds by judges in the court of law. Some of these cases are:

1. Mahmood farooqui rape acquittal case- The alleged rape survivor had challenged the acquittal saying the film's director Mahmood Farooqui, had oral sex with her without her consent. Before the Delhi high court (HC) acquittal, a fast-track trial court had found Farooqui guilty and sentenced him to seven years in prison.

A bench of Justices S A Bobde and L Nageswara Rao dismissed appeal challenging the acquittal of Farooqui in the rape case.

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2. A twelve-year-old girl was allegedly raped and killed by the accused. The Trial Court convicted the accused and awarded capital punishment to him for an offence punishable under Section 302 IPC. The accused preferred appeal before the High Court which was allowed. Both the State and father of the deceased approached the Supreme Court against this order of acquittal.  Supreme Court dismissed an appeal filed by father of a deceased rape victim against the acquittal by High Court. Apex court Bench of Justices Pinaki Chandra Ghose and R.K. Agrawal held that prosecution could not prove the guilt of the accused by any cogent evidence and, hence, it is difficult to hold that it was the accused who committed rape upon the deceased and killed her.

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3. As decided by the Supreme Court bench of Justices Adarsh Kumar Goel and Uday Umesh Lalit in Himachal Pradesh v. Tilak Raj, the Himachal Pradesh High Court’s acquittal of the two accused in 2014, for the rape of a married woman, stood reversed, and their conviction and sentence to 10 years rigorous imprisonment, in 2010 by the trial court was restored.

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These cases consistently shows that in the country where a girl is worship is raped and they too aren't capable to get justice. Let’s put an end to this social evil by educating the perils of forced sex akin rape. We need to find psychological and sociological solutions to this ever increasing crime.  The safety at the same time needs to be strengthened and education towards gender equality should also be strengthened. Just an attempt of creating awareness on the rising menace of rape in our society.

The post is written by Amrit Ghoshi, student of ICFAI Law School, Dehradun (2016-2021). 

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