PANAJI: One year after a 26-year-old girl from Vasco alleged she was raped by a neighbour and that she had subsequently given birth to his child, but DNA tests have revealed the accused did not father the child. The police now want to initiate action against the complainant for lodging a false complaint.
A letter dated June 30, 2009 sent to the girl by Vasco police states, “I am to inform you that your complaint has transpired to be false. It is being considered whether action should be taken against you for lodging of false complaint.”
Sources reveal the police have also written to the judicial magistrate first class (JMFC), Vasco, to close the case and have sought permission to prosecute the girl for filing a false complaint. Sources said, “It was decided to close the case and prosecute the girl for filing a false complaint as the report of the DNA test to determine whether the accused was the biological father of the baby born to the girl came negative.”
The girl has also received a letter from the Vasco JMFC informing her that a final report has been filed by the police and to appear before the court for grant of desummary (to close the case due to lack of evidence) or to file objections.
The girl’s advocate, Amey Prabhudessai, confirmed receipt of the letters. Police records reveal that in her complaint the girl said that the accused, Andrew D’Cunha, had called her to his house in his mother’s absence and had allegedly repeatedly raped her on April 7, 2007. A police complaint was lodged 11 months later on March 19, 2008 and a case of rape registered.
The girl had said that she hadn’t filed a complaint till then as the boy had allegedly threatened her. It was only on learning that she was pregnant in December 2007 and after a child was born that she approached the police with the complaint.
Initially, the police weren’t able to trace the accused, but in August 2008 he surrendered. Later, the girl, the child and the boy were subjected to DNA tests at GMC which revealed that D’Cunha was not the child’s biological father.
Still do not understand how a women can be raped by a man lone, without consent of the women. It is evident that a relationsh occured by consent and after some time the women cry for rape.
When a women rape a man, it is termed as great love, bold women and they had been given awards also.
It is time to make the Rape law gender equal :
The Union Law Minister M Veerappa Moily said the government was considering changes in rape laws in accordance with the report of the Law Commission of India.
The government has also received suggestions from various groups, including the National Commission for Women, for changes in laws for rape and homosexual sex, he said
The Law Commission of India in its 172nd report has recommended changes for widening scope of section 375 (rape) of the Indian Penal Code (IPC) and to make it gender neutral, the Minister said in a written reply to the Lok Sabha, .
The Commission has also recommended for insertion of a new Section 376 E in the IPC to deal with “unlawful sexual contact”, Moily added.
Because of Indian one sided,gender biased laws, women can sleep with anyone and cry rape or Blame someone else for her pregnancy.