Rape a Scar or a Tool

Suresh gets up after a Sunday beer nap and sees there are seven missed calls from an unknown number. He calls back but now the caller does not pick up his phone. Thinking it must be a spam sales call. He gets involved into his routine.

Two Days Later

Hello is it Mr. Suresh

Yes I am Suresh. May I know who is on the line.

Mr. Suresh, I am police inspector Geetha from Shillong.

Suresh: Yes inspector, what can I do for you.

Geetha: Were you in Shillong last week.

Suresh: Yeah, I was.

Geetha: There is a complaint of rape against you.

Suresh: What are you talking inspector, rape by me. it's ridicules.

Geetha: You will have to come to Shillong day after tomorrow. Everything is to be cleared: it's ridicules or committing of heinous shameful act by you.

Suresh: Why should I? When I didn't do anything.

Geetha: You did it or not, that is us to decide not you. Why the innocent victim will complainant against you?

Suresh: That I don't know. It's is a false complaint. Please tell me the name of complainant.

Geetha: That I can't disclose. You are a smart criminal you had raped the innocent girl and pretends that you don't even know her name.

Suresh: Yes madam really I had not raped any one in my life.

Geetha: You lair, on Sunday the victim called you number of times but you didn't answer her calls.

Suresh: I did receive calls from unknown number but how could I judge who is the caller. 

Geetha: True caller app is freely available even on rickshaw puller's phone. I am sure you are habitual offender.

Suresh: Madam really I thought it's a spam call even than I called back but no body took my calls.

Geetha: Stop making stories, better you come here then I will call the complainant here to confront you in her presence. 

Suresh: Madam, GOD swear, I didn't ever in my life did such a cheap act. I am a married man.

Geetha: You mean to say married man can not rape?

Suresh: I don't know as I never did it.

Geetha: Every criminal talks same story that they had not committed any crime and are innocent etc. Listen, you have to come day after tomorrow by 02.30 pm at police station otherwise I will be forced to come to Delhi to pick you up. Choice is all yours.

Suresh: Let me talk to my lawyers, please send me notice and give me time for at least two weeks.

Geetha: It's a heinous crime you committed and there is lot of pressure on me. I can give you maximum four days. Do you use whatsapp on this mobile.

Suresh: Yes.

Geetha: Okay sending you notice for coming Monday. Don't take it lightly. First you come here then I will see, if I can help you or not.

The one phone call made Suresh sweating and lost. Half an hour later the notification tone of whatsapp brings him back to senses. That is the notice sent by police inspector. He goes to his lawyer friend Vipin.

Vipin suggests him to find some sources in Shillong and act fast as matter is quite serious. He tells him the fact that Suresh is in catch 22 position. If he appears in police station on Monday then there are chances of his arrest. On the other hand he has got time to apply for anticipatory bail and if gets rejected, his arrest is for sure.

Suresh: Then what should I do, please give me one concrete advice.

Vipin: Tell me the fact, are you involved in this act of rape.

Suresh: Not at all, believe me. You know me since ages, can you ever expect it from me.

Vipin: It is not a question of my belief. Fact is law is very hard for this act.

Suresh: But they can't arrest me by misusing law.

Vipin: The power is with police to arrest. After Nirbhaya case no body wish to burn his fingers. They prefer to arrest even on simple complaint of rape.

Suresh: Either it's some case of mis-identity or some body is trapping me.

Vipin: How can it be mis-identity, you were in the city on the date of alleged crime and they have your contact details. It has to be trapping. Whom do you suspect?

Suresh: I don't have any enmity with anyone and in particular not with any female.

Vipin: Then who is the victim and how do you know her.

Suresh: I don't even know the name of complainant. 

Vipin: Then my suggestion is you should find a source to contact this inspector and try to get it fixed first at any cost.

Suresh: I don't have any links neither with police nor in Shillong. You please try somewhere.

Vipin: Better you send some confidant person there to meet her in person. Rather it would be better you also go there for applying for bail, if required.

Suresh: I request you to please come with me. You can handle police inspector well and I will feel confident only with you.

Both go for Shillong next day morning. After checking in Vipin calls inspector and fixes a meeting with her in a restaurant. 

Inspector Geetha: Vakil Sahib, you know the gravity of offense. I won't be able to help you at this stage. You know otherwise why would I refuse this Goddess Lakshmi blessings. I have strict orders from senior to arrest Suresh on coming Monday.

Vipin: If he does not join investigation this time.

Inspector Geetha: Then I will go with team to arrest him. His case will worsen more.

Vipin: If I apply for anticipatory bail, will you help me.

Inspector Geetha: I will not keep you in dark. It won't help. Court will never give him bail in rape case. Yeah you can try, I will not press much for custody. But I still feel chances are very less. I can help you in later stage for bail and making case week.

Vipin: Have you done the medical of victim.

Inspector Geetha: Yes rape is confirmed.

Vipin: Has the victim recorded her statement.

Inspector Geetha: Yes.

Vipin: Can I get a copy?

Inspector Geetha takes out folded papers from her pocket and gives it to Vipin and in exchange he gets some envelope with cash.

Vipin files bail application with the help of his local counterpart. As expected bail of Suresh is denied by Courts. Very next day they apply bail in Session Courts, there also it gets rejected.

On Monday Suresh appears in police station for interrogation. In presence of complainant, he clearly says he has never seen her in his life. As planned Inspector Geetha arrests Suresh late evening and next day produces him in the Courts. Court sends him to 14 days Judicial custody.

Being a true friend Vipin comes back to Shillong after two weeks for applying bail in High Court.

High Court gives an observation that prima facie it appears that Suresh can not do this heinous crime of rape but refuses bail as circumstantial evidences confirm rape with the victim. Further observation made is accused Suresh deserves bail but seeing the outrage of masses after recent rape cases of Unnao and Kathua, giving bail will further escalate the outrage of public. But giving some benefits Court orders to change the investigation officer immediately finding number of loop holes in her status report. Court further directs prosecution to complete the investigation in next 45 days and trials of the case to be completed maximum in further sixty days.

New Investigation officer Ms. Galena files charge sheet on the 43rd day from the date of order. Suresh is granted bail after filing of charge sheet. Fast trial begins and it gets completed in record 37 days. Court reserves the order.

Next day order is pronounced in open Court by Hon'ble Judge. The crux of the order is:

After un-fateful Nirbhaya episode in Delhi the rape laws were given more teeth and made more stringent. The flip side of that is using Rape as a tool to extort money from people, putting extra pressure for illegal demands etc. In this particular case also the alleged victim filed a false complaint on the behest of a rival businessman of Delhi with the help of police inspector Geetha.They made a complaint that Suresh, while his visit to Shillong with his wife came in contact with the alleged victim. Seeing the beauty of alleged victim, Suresh made a plan to rob the honor of her. He made false promise of marriage to her. On pretext of that he took her to the hotel room and raped her. After raping her he left for Delhi and when alleged victim called Suresh on his mobile, he avoided taking her calls. Then she was forced to file rape complaint against Suresh. They placed mobile location of both persons phone in same area at the time of reported incidence. Hotel room booking is shown in unknown name without any ID proof. Medical report confirmed multiple sexual intercourse on the alleged date confirming rape. The trio left no stone unturned to trap innocent Suresh by making this false case of rape against Suresh. Which came in to light of Hon'ble High Court prompting court for replacing Inspector Geetha.

On the other hand investigation officer Galena joined all the loose threads together and completed investigation in a record time. her investigation says Suresh is successful businessman of Delhi. Last year Suresh entered in to new venture and started a new Restaurant in Naraina Vihar, New Delhi. Which by default brought the sales of nearby restaurant to almost zero level. This irritated the owner very much and he hatched a conspiracy with alleged victim and police inspector Geetha and registered this false case of rape. Knowing very well the trend of Courts and public outcry. The other important point is placing medical report of rape on record.

One point needs an introspection of medical reports of rape on top priority. Medical report confirms the physical intercourse with the female's body but how can it confirm it was a consensual sex or rape. Secondly for rape there has to be some resistance and in turn some injury on female body but for that prosecution takes the stand of peaceful sex on the false pretext of marriage. Another major point is any vaginal insertion can not confirm with whose penis it was done. Which is clearly evident in this particular case that alleged victim did have sex on the reported day of incidence but it was not Suresh. Who he was? can only & only be confirmed by the female complainant herself. Hence they take the advantage and make false cases of rape.

Suresh is hereby acquitted.

Court reader is hereby directed to register a case against alleged victim girl named Sulekha, Inspector Geetha and Chamandeep of Delhi for playing fraud upon the Court, forgery, filing false complaint. All the accused to be taken into custody with immediate effect and will remain in judicial custody till the decision of this registered case.

.....

Suresh & his family are still not sure weather it's a celebration time or mourning time. 

Who is responsible for his loss of respect, social stigma & spending of 63 days behind bars? It's a matter of serious concern.

Humor

A villager wins a Court case after a long battle of 23 years. Magistrate congratulates the old man after pronouncing his judgment.

Villager says : Magistrate sahib May GOD bless you to become DAROGA (Police Inspector)

Magistrate: What are saying Tau (Uncle) I am much more powerful than Police Inspector.

Villager: You are mistaken sir. Police Inspector is definitely more powerful than you.

Magistrate: HOW?

Villager: 23 years back our area police inspector told me to give 1000/- for settling the case in my favor. Now after spending my youth of 23 years and lakhs of rupees you had given me the same decision, which he offered me for just 1000/-. Now you tell me who is more powerful?

.......

Always Indebted & Grateful to my Parents (GOD).

© Pavan Datta

Disclaimer: This is a work of fiction.