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Monday, June 10, 2019

Weird news - Too many calls caused dismissal of rape charges

Rape is a heinous crime, and is also one of the most reported (and as many probably unreported) crimes. Trying it legally and prosecuting can be difficult, with little evidence available in many cases. There may not be witnesses, and in the past, the word of the lady was given high value with the presumption that a lady would not lie about something that would affect her so much, which might affect her reputation and so on. At the same time, there are also the black sheep, and it is also true that there would be cases where the accused was almost asked to prove his own innocence, with the charge against him being in the open, and could be false in order for some kind of revenge. In recent times, courts have also become more careful, not automatically taking the version of the lady, but trying to view all the circumstances and then evaluating whether the case did indeed hold water (link to article):
The Delhi High Court has upheld the acquittal of a man by a trial court in a rape case, saying the woman's testimony was "untrustworthy", full on contradictions and she had called him 529 times between the date of alleged rape and the filing of the complaint. A bench of Justices Manmohan and Sangita Dhingra Sehgal said it was in agreement with the trial court's view that the woman's testimony was "highly unreliable", "untrustworthy" and "inspires no confidence", while dismissing her appeal against the man's acquittal. The trial court had acquitted the man on January 5. The high court noted in its judgement that there were several contradictions in the woman's statement regarding how she met the man, how the alleged incident took place and why there was delay in reporting. The other inconsistencies in her allegation the court noted were that even after getting her phone back from the man, who had allegedly taken it, she did not call the police for over 30 days and in-between called him 529 times.

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