Delhi High Court today refused to entertain a PIL seeking directions to the government to keep the cases of live-in relationships out of the purview of the crime of rape under the Indian Penal Code.
A bench of Chief Justice G Rohini and Justice R S Endlaw dismissed the plea which said that the complaint lodged by a live-in partner against the other should be registered under section 420 (cheating), not section 376 (rape).
“We cannot pass such direction. How can we direct not to arrest a person in rape case? It is not a matter to be taken in PIL. This is a not a plea which should be entertained,” the bench said while dismissing the PIL.
The high court was hearing a PIL filed by Anil Dutt Sharma who had contended that as per the records it has been seen that in many cases, courts acquit men accused of rape as the women file false case.
“In more than 70 per cent cases, the accused is found not guilty and other associated family members of the acquitted accused face humiliation in the society,” the plea had said.
Seeking directions to the government to keep the cases of live-in relationships out of the purview of section 376, the plea had also sought action be taken against the woman falsely implicating a man in a rape case.
The plea also sought direction for central and Delhi governments to secure constitutional rights of the person acquitted from rape charges by the way of compensation and registration of cases against those who misuse the law.
It had said that police should not arrest a person only on the basis of allegation by female prior to conducting preliminary enquiry and getting a medical report, but before arrest, sufficient cause should be recorded by a senior officer to avoid false implication.
“There are various commercial offers published by females for paid sexual relationship available on internet, newspapers and through other sources. The option under section 376 IPC is always open to them, there is possibility of misuse of law,” the plea had claimed.