Rising Rape Cases and The Test of Sterling Witness

Introduction:

Rape as an offense is not confined within borders of any country in the world and hence, it is of universal nature. It is a vital blow to human rights across the world. In India, it is defined in section 375 of the Indian Penal Code 1860 which refers to an intended act of sexual intercourse on a woman by a man without her consent. Since the adoption of the penal code, the rape laws in India have been strict enough but not competent enough to instill fear in the mind of the offenders or the perpetrators.

The violence against women were always on the rise in many forms, rape being one of the most horrific. The barbaric and brutal act leaves the women in such a mental trauma. That it goes along with her entire life like an act of continuous emotional abuse; considering the patriarchal society we live in. There was immense pressure on the judiciary and the legislature; to amend the rape laws and make the punishments more stringent. So that even a thought of committing such a crime would shake the body, mind, and soul of the offender. Shaken by the Nirbhaya case which was the most ferocious act of humankind.

The rape laws in India were amended by the legislature to be used as a shield for the dignity and integrity of the women. Now, there are more austere punishments including the death penalty in several cases.

Recent Developments in Rape Laws

After the incident of 2012, the amended rape laws possessed a character where “the mere statement of a lady that she has been raped, came to be taken as a gospel truth. On the basis of which the accused was arrested and charge-sheeted. The year 2013 witnessed a tremendous increase in the number of rape cases that were alleged to be committed. When checked into the reality of these cases it was found out that.

As many as half the number of cases registered between a period of approximately 12-14 months; starting April 2013 were false.  The reasons which were cited were numerous, most common of which was promised to marry after; which false rape charges were filed either to settle scores with men or settle any personal vendetta; which led to the non-completion of these cases. Multiple cases have been noted in this country where no evidences were found in the claim; except for the testimony of the victim against the accused.

While hearing many such cases the Hon’ble supreme court observed that the amended rape laws after 2012 were being; “used as weapons instead of a shield. It was observed by various courts that mostly the false allegation of rape by the women. It was based on the promise to marry. There are many cases in which the Hon’ble court has observed that; “Continuous acts of consensual sexual intercourse by a fully grown-up woman on the promise of marriage is not an act of induced misconception of fact; instead it is an act of promiscuity on her part.” The Hon’ble supreme court in the case of Raju v. State of Madhya Pradesh[1] held that the testimony of a sexual assault victim has to be tested as an injured witness but it cannot be presumed to be a gospel truth.

In yet another case of Abbas Ahmed Choudhury v. State of Assam[2], the hon’ble court observed that a sexual assault case is a case that needs to be proved beyond a reasonable doubt. It was held in the case that; “Though the statement of the prosecutrix must be given prime consideration, at the same time. The broad principle that the prosecution has to prove its case beyond a reasonable doub; applies equally to a case of rape.

There could be no presumption that a prosecutrix would always tell the entire story truthfully. A very notable observation was made by the supreme court in the case of Tameezuddin @ Tammu v. State (NCT of Delhi)[3], that “It is true that in a  case of rape the evidence of the prosecutrix must be given predominant consideration. But to hold that this evidence has to be accepted even if the story is improbable and belies logic; would be doing violence to the very principles; which govern the appreciation of evidence in a criminal matter.”

Challenges in Rape Laws in India

When considering the offense of rape. The challenges faced by the victims are irrefutable and the visuals of just imagining the incident are so horrific. That one does not dare to try to feel the pain and agony of the victim. It leaves an ever-lasting impact on their mind, body, and soul. It leaves an impact on the women being a sexual assault victim. But at the same time, can you imagine the after-effects of the same crime on an innocent man; when he is alleged of a crime of rape; who in reality and the entirety is just as innocent as the woman victim? The sufferings of that innocent man are innumerable.

Just like the woman victim, can the honor and dignity of the man be restored? Can he now socialize as he used to before being alleged as a rapist? The amount of humiliation suffered by that man can never be measured or imagined. Society declares him a rapist unlike the law which says that “Innocent until proven guilty.” Just because he is alleged for the offense of rape his life is destroyed in seconds. The mental and social trauma is unmatchable. Along with him, his entire family accused of the same offense, facing isolation and ridiculed. Now it is of least concern that even if the court finds the man not guilty, his whole life is shattered and he has to live his life with the tag of the rapist. Many men who are unable to face the wrath of this allegation often commit suicide.

In lieu of the increasing cases of suicide of men and the rate of cases being registered on the sole testimony of the woman, the Hon’ble supreme court deduced a test by which the quality of the sole testimony of the woman victim would be judged and only after the passing of that test, the testimony could be considered enough for conviction if no other evidence is available. This test was called “The test of sterling witness”. After hearing the case of Rai Sandeep @ Deepu v. State of NCT of Delhi[4], in which the main evidence was the sole testimony of the witness, the court made a comment on the quality of the testimony that should be formed the basis of conviction in such cases. It said that “the quality of the testimony should possess an unquestionable form whose version should be indisputable.

The evidence should be such that the court should be able to accept it in its face value. The truthfulness of the witness is relevant to test the quality of the witness but what’s more relevant would be the consistency of the statement of the witness from the start to the end. It should be natural and consistent with the case of the prosecution qua the accused. The witness here should be in a position to stand cross examination, no matter how lengthy or strenuous it be and under no given situations it should give an inch of doubt as to the place of the occurrence, the people involved, as well as the pattern of incidents of it.

In one of the latest judgments which was delivered by the supreme court on 14 February 2020 in the case of Santosh Kumar v. State of Bihar[5] the court took cognizance of all the previous cases cited in this article, held very strongly that no conviction can be made on the sole testimony of the prosecutrix until it is proven beyond a reasonable doubt, passing the test of sterling witness. The testimony of the witness should be trustworthy and consistent throughout the case if the judgments were required to be made solely on its basis. This was also necessary to reduce the cases which were filed with fake intentions.

Conclusion

Rape is an act of dominance. It is an invasive act of sexual autonomy and the integrity of the body. It is disgraceful that it is seen as an act of gender. The stereotypical belief that every word the woman says is true in its entirety makes it even more difficult for the men and the society at large to believe in the possibility of female perpetrators also. This makes men more prone to false rape cases. At present, there are no severe laws or punishments for women except perjury which makes it even easier for women to accuse and allege. This test has helped the men in the courts but it needs to be seen by the society that their perception towards this crime and their judgments regarding the alleged accused are hindrances in achieving the proper justice to the guilty.

References:

[1] (2008) 15 SCC 133

[2] (2010) 12 SCC 115

[3] (2009)15 SCC 566

[4] (2012) 8 SCC 21

[5] Cr. Appeal N. 264 of 2020 (arising out of SLP (Criminal) NO 3780/2018)