Delhi High Court Criticizes State for Frivolous Appeal in False Attempt-to-Rape Case

In a stern rebuke to the state authorities, the Delhi High Court has admonished the prosecution for filing an appeal in a case where a false accusation of attempted rape was involved. The court has urged the authorities to exercise “abundant caution” and ensure that only meritorious cases are brought forward to prevent the misuse of the legal process.

Justice Amit Mahajan, in an order dated October 8, highlighted the significant negative impact of frivolous litigation on the judiciary. He pointed out that such cases not only burden the courts but also distress the litigants and undermine judicial efficiency.

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The case in question arose from an accusation made by a woman who later admitted to falsely charging a man with attempted rape following a dispute. Despite initial advice against appealing the trial court’s acquittal in 2019 from both the additional public prosecutor and the director of prosecution, the Department of Law and Legislative Affairs decided to proceed with an appeal.

“This court is perplexed by the Department of Law and Legislative Affairs’ decision to recommend an appeal in this matter,” Justice Mahajan stated. He further noted that while the court could impose costs on the prosecution for pursuing a frivolous appeal, it refrained from doing so.

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Justice Mahajan emphasized that a conviction should only rely on testimony that “inspires confidence.” In this instance, the contradictory evidence and the complainant’s admission of a false allegation clearly did not meet this criterion.

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