Guilty for not being Guilty

Preface

After infamous brutal Nirbhaya gang rape in Delhi in December 2012. The rape laws like Section 376 of IPC for Rape, 377 for unnatural Sex and 354 for Molestation were made more stringent. Which may have made rapist more cruel because now they may try to kill the victim after rape to avoid hard punishment. 

On the other hand some innocent men are made scapegoats by misusing and tilting rape laws for ill motives & extortion.

Story

Order...Order....Accused Anuj Kumar is to be sent for 14 days Judicial Custody.

Anuj has not slept since yesterday night, when cops picked him up from his flat. His friends try to console him outside Court room. The police personnel says in police tone: You can't talk with him, he is under custody. He is to be sent to Tihar.

One of friend Ajay requests police constable: Don't be so rude sir. He is innocent and not a criminal. Let us talk with him for some time.

Constable: if he is not criminal why court had ordered Judicial Custody to him.

Ajay: He has not been sentenced as convict, Judicial custody means he is under the custody of Court so that he may not influence the witness.

Constable: Don't try to teach me. This bastard is a Rapist.

Ajay: Mind your language, you are standing in Court premises. 

Constable: So what, go and complain to whomsoever you wish to. I am following rules, I have to handover this rapist to Kharja*

Ajay thinking that this Constable won't help and is trying to bark out his irritation on us, goes to lady sub inspector and requests her to let them talk with Anuj till he is sent to Tihar.

Sub Inspector: What wrong this Constable is saying. He is doing his duty. If we let you talk with accused, we may be sacked from our job.

Ajay: Madam, it is a request. Father of Anuj has also landed at Delhi airport and would be reaching in around one and half hours.

Sub Inspector: His father and you may go and meet him in Tihar. Why should we sacrifice our jobs for you, without any incentives.

Ajay hands over a 500/- note to her.

Sub Inspector: Do you think we are beggars and we will put our job at stake for this petty amount.

Ajay: Madam, we are in big problem and already disturbed. Please cooperate.

Sub Inspector: What cooperation, did you ever come to give us gift or sweet when you people did celebrations. People come to police only when they are in problem. If we start cooperating for free, how can we feed our families. I don't have time to argue. It will be Ten Gandhis (500-x10=5000/-)for two hours. We have to share it with Kharja staff too. Choice is yours take it or leave it.

Ajay gives another 4500/- in addition to 500/- already given, which has already gone in her pocket.

Sub Inspector counts it and demands another 500/-. See that old 500/- was for constable.

Considering the position he hands over another 500/- to her. 

Anuj who has still not gained back his senses, seems he is just a mute spectator since last night. At 21.30 hours, he was picked up from his flat by Barkha sub inspector and her team brought to police station. Forced to sign arrest memo, taken to Ram Manohar Lohia Hospital for medical check up and kept in lock up. Since morning he is in Courts. Since then his ears may have heard the term 'Rapist' addressing to him, fifty to sixty times. It seems now he is also thinking his name is not Anuj but The Rapist.

In Courts he is again not believing his eyes that his childhood friend Ajay who was more like an enemy since last two years, is supporting him like a twin brother in this hardship. He is listening to Ajay's advices with absent mind because his mind is going in flash back trying to figure out why he is being called rapist again and again. 

Major Deepak, father of Anuj comes in the mean time and hugs him. Anuj without any thought in mind is weeping like a kid in his arms. Barkha comes in as a set vamp of Bollywood Movie be fast , we have to handover him to Kharja. It seems like a set dialogue of Hindi Movie '??????? ?? ???? ??? ???' (means 'Time of Meeting is Over')

Deepak controlling his own emotions hugs his son tightly says: Be strong, nothing to worry. I have come and am going to meet senior lawyers today. You will get bail soon. I know you have been trapped, your mother would be coming later as your sister was having viral, she could not come. She has sent her love to you and said to Be Positive and have faith in GOD.

Constable who got his share comes and says in very polite way: Ajay you may get dinner packed for him, which he can take in Tihar today. Seeing Anuj wearing shoes, he suggests to give Anuj some slippers for easy commuting in jail.

Barkha too justifies her bribe of 5000/- by giving a free genuine consultancy to Anuj: Try to be calm there and don't let anyone know your status. Don't believe anyone so easily. To other mates never tell that you are sent for the Rape crime otherwise you would be thrashed like anything. Be secretive and low profile.

Anuj seems to be half lost and may be he is not able to listen to anyone carefully because he is still not able to digest Where he is and WHY he is here?

He is handed over to Kharja police and kept in a room. Jail van comes in and he is ordered to sit in the first cabin of van with four other new inmates.

Other mate asks policeman why they are being ordered to sit in front cabin. Police man replies do what I say it is for your safety. In rear cabin the repeated offenders and convicts would be put once I lock your cabin. Otherwise they would beat you without any reason just to kill their frustration. They are locked and other convicts enter with high pitch sound of abuses which are being heard first time in life of Anuj. 

The fellow mate of Anuj's cabin says: This country will never progress, the system is on the verge of collapse.

Second mate: What happened why you are sent to Tihar.

First mate: I am the victim of bloody system of this country.

Second: What are the charges against you and how come you are here?

First: I myself still can't understand why I am here. I was supposed to be in Dubai by now. I am Satinder from Jammu and works in Dubai. After finishing my holidays, yesterday my elder brother dropped me at New Delhi Airport. I had a valid ticket and boarding pass with me and all was looking fine. I checked in at the immigration counter and officer asked me why my passport page number 24 is distorted?

I politely replied that I didn't notice it may be my baby niece while playing with it might have done it.

Immigration Officer replied You careless people are useless and does not know the importance of such a precious book.

I said sorry and requested him to talk decent and I would get the half torn page corrected. Instead of minding his tongue, he again said irritatingly, this is your passport not a school note back. This is illegal and he threatened me of handing over me to local police.

I requested him sir, please forgive me and let me go. He said okay give me 20000/- Rupees and then he would let me go. I pleaded sir I have hardly 2700/- that all I can give.

Officer abused me and told is he a beggar? He gave me final threat give me 20000/- or face the music. I took it that he is blackmailing me. I could not control my anger and said give me my passport or I will go to your senior. Listening this he at once torn the full page no. 24 of passport and called his boss. 

I requested his boss that officer has torn the page and is threatening me to pay Rs.20,000/- His boss did not hear any world and called the airport police. They took me under arrest and produced me in local Courts. Court without listening my plea sent me for 14 days judicial custody.

Second mate: This is illegal, it was better if you could have negotiated with immigration officer and settled in between some amount. It is well said in this system try to kill the bud the sooner the better. At lower level the amount of bribery is much less, the more you go up more costly the deal would be. You got a chance to settle with immigration officer but you failed then you had a chance to settle with Khakhi guy (Police) but you didn't

Satinder: It is not so, I did talk to police man he demanded 50,000/- for themselves and 25,000/- for Public Prosecutor. I could not arrange funds as my brother could not reach in time, returning from Shambhu (Punjab) border on his way to Jammu.

First mate: This is what I wanted to explain you see first it was 20,000/- then it increased to 75,000/- but now my dear friend you will suffer in lockup and loose in lakhs to get bail. Because now you are the fish of bigger pond with crocodiles wearing black coats (advocates)

Listening all this conversation Anuj who is slightly gaining his strength and senses back pinches himself. Realizing that he is in an actual jail van not seeing the filmy scene of Dharmender playing hero in film Satyvan, singing a song in jail van. He asks first mate: How much time it take for getting bail from judicial custody?

First mate: It all depends upon the individual's alleged crime. For which you are sent for judicial custody?

Anuj: I am framed falsely for rape charges.

Listening word rape one harsh voice comes from the rear cabin of convicts oh you are in for chaittar (Seventy Six)

Anuj: What is this chaittar ?

You would soon come to know in jail. When people would turn you back and do Stattar( Seventy Seven) with you. 

Anuj: I really did not understand this Chaittar Satattar sir.

Aare Saale chaittar is short term of 376 the section for rape. Stattar is short term 377 of doing rape from back i.e unnatural sex, which prisoners will do with you know. Don't worry you are going to be special guest in Tihar.

Back at Court complex 

Anuj's father is briefed by Ajay about registration of case and arrest of Anuj. Major Deepak talks to his colleague, whose younger brother is a famous lawyer in Delhi and goes to meet him.

Lawyer listens to Deepak version and suggests him not to rush for filing bail application as no courts will grant bail so early under charges of rape.

Deepak: My son is innocent and this girl was in living relationship with Anuj from last four years then how can it be rape? 

Lawyer: I understand but court will not agree to this plea.

Deepak: Even a child can understand that living together means having agreed to sleep together. Now after four years of courtship how can a guy be blamed for raping that girl.

Lawyer: Her complaint is that she was indulging in to sex with Anuj after the false promise of marriage.

Deepak: How is it possible that a boy gives daily false promises of marriage before sleeping with him. It is ridiculous. We need bail now rest we can prove all facts during trial.

Lawyer: You are a close friend of my brother that is why I am giving you the hard naked truth that no one will grant him bail under rape charges at this stage. It is all due to public out cry after infamous December 12 gang rape case. Decision makers gave more strong teeth to law and order against rape accused.

Deepak: I know you will guide me perfectly brother. But my dear next fortnight Anuj has to go to New York to receive his award of ' Technocrat of the year ' Please try to get him bail. He is an IIT topper and a very lovable respectable young man in his field. His reputation and goodwill be finished.

Lawyer: I am helpless Deepak ji. I suggest you to settle with girl out of court through Investigation Officer. That is the best recommendable solution for his early release.

Entry to Tihar

Van reaches Tihar. All persons are ordered by Santry (Gate Keeper) to sit on ground. Anuj feeling embarrassed is still confused and standing. A dog like voice comes in Oh beti chod beth ja, apne baap ki baraat main aya kya. (Daughter fucker sit down, have you come to attend your father's marriage) Other mates gestures Anuj to sit down on ground. Attendance is taken like that of primary school.

They all have to do all formalities like they are seasoned criminals. After that they are ordered to stand in queue to meet the Deputy Superintendent (DS) of Jail. Every new entrant is asked to say about his crime. Based on the crimes DS is abusing or advising each one. 

Turn of Anuj comes and he says: Falsely I have been framed for rape charges by my girl friend. DS smiling says: You had lot of sexual fun freely with the girls and now enjoy the paying cost in your new home, Tihar.

Anuj is sent inside Tihar jail with few other inmates. They find three bouncers like persons sitting on the road on table and a bench. One of them asks; aare what have you done? Anuj repeats Falsely I have been framed for rape charges by my girl friend. Oh you Tharki (Sex Maniac), don't worry we will teach you what is actual rape. It is better to kill someone then to rape a girl. Okay go we will meet again.

After making entry at Chakkar** Anuj has to face same humiliation and sent to his ward. At the entry gate of ward again his interview starts by guys sitting on the other side of table, under what crime he has been sent here. Anuj again repeats his words Falsely I have been framed for rape charges by my girl friend.

The voice from other side of table comes in, everyone says he is innocent while coming here. You are the scar on society you rapist. We are ashamed you are in our ward. Go and sit like a roaster. After few minutes mate of the ward comes in and says oh why have you made this young man a roaster and he orders Anuj to go and have dinner outside his ward.

Anuj listening first soft voice in Tihar, politely says, I had my dinner. Thanks a lot sir.

See the irony the mate is accused of NDPS and is serving judicial custody. Such an intelligent crowning glory of IT field an IIT alumni has to say sir sir to convicts and drug peddlers. 

Satinder (hope you remember the guy from Jammu) brings two rotis (bread) and daal and requests Anuj to have something. After dinner all new inmates are put behind bars in barrack no.1. Anuj now feeling friendly with Satinder and his other new inmate is feeling to weep on Satinder shoulders and on the other hand Satinder is also feeling the urge to sob. 

A harsh voice comes in, come on behn chodo (sister fuckers), give me your name and detail of crime committed. He opens a register and make entry for new inmates, who are total 10 including three from Patiala House Courts, batch of Anuj. He fixes the duty of batches of two persons each to be awake for two hours, one by one. Duty is explained that they have to mark attendance in register when they start duty. They have to watch all mates in barrack so that no one should steal other belongings and no one try to do suicidal attempt. 

Last month only one of the famous (infamous) brutal rape accused is said to have committed suicide that is why extra vigil. Whereas other inmates know that rape accused was first murdered by other convicts and then hanged with the help of jail staff. 

One of old under trial Shamu sleeping next to Anuj told him all this story that how much Tihar inmates hate the rapist. They give honor to the killers but hate rape accused. Anuj fearing on one side that what would happen to him as he is also brought in as rape accused. Shamu further tells him that the guy who has taken your attendance and assigned you duties of waking hours is also another rape accused of same infamous 2012 rape case. 

Sufferings Outside Tihar

Deepak approaches sub inspector Barkha through some middleman. She charges a minimum inaugural fee of one lakh of Rupees and twenty five thousand is paid to middleman. Deepak who being in Defence services never imagined that money is to be paid for even trying to get justice from law and order.

Barkha with hot pockets with one lakh rupees, consoles Deepak that she knows the fact that there was no forcing or rape done by Anuj with Sulekha, the complainant.

Deepak: If you know everything why had you arrested him and is opposing his bail?

Barkha: You are a matured officer and don't understand it. Not only me even the court also knows that how can a girl who is living and sleeping with her own wish with Anuj, from last four years can be raped. But if me or court grant him bail the media would be after their lives. TV news with so called socialites of rape victims would start by some news Anchors like Chaurasias, Roys or Sharmas.

Deepak: Then what is the solution?

Barkha: Best is settle with complainant.

Deepak: we are ready to settle, you please organize a meeting in your presence.

Barkha: I talked to her, she does not want any money, her only offer is that Anuj should marry her. For organizing this settlement, I would charge five lakhs.

Deepak: Marriage no ways. She started living together with some other boy immediately after Anuj's arrest. She is bloody whore. I got all her past character information from my sources in this time period. 

Barkha: You say if she is a whore then your son had enjoyed four years free sex with her. You should pay a price for that.

Deepak: That is what we are ready for. Anuj had booked a flat and paid handsome amount as advance. She can keep all that. I would pay you also 2/3 lakhs but please get us out of this case.

Barkha: That flat is booked in her name, I had checked builder records. now she want marriage only. It is my personal feeling that she want share in your property after getting marriage.

Deepak: Marriage with a whore is ruled out. 

Barkha: Then try in courts. Money counts everywhere.

Deepak has turned no stones unturned to get bail of Anuj. But the suggestions of his friend's lawyer brother proved right no one listened to their genuine plea. Bail was rejected in lower court as well as in session court.

Deepak is trying for filing bail application in High Court. On the other hand family is under going trauma, thinking about their innocent son Anuj. Who has to miss the honor of receiving award in US and live with hard core criminals in Tihar. 

Anuj requests his father not to file bail in High Court as in most probability it would get dismissed. He suggests that let him face the trial as charge sheet is filed. Anuj says now his career is finished so staying some more months would not make any difference, so let him face trail.

Deepak supports his son in his honest decision. He also encourages him to fight and try his best to change the system. Court accepts the request of Anuj to argue his case himself, with a warning that he may be at loss of loosing some relevant legal angles.

The Trial

Pleadings are completed. Cross examination of Complainant starts. Court asks Anuj: Are you sure to argue yourself or do you wish to proceed through lawyer. Anuj reconfirms that he himself would like to argue the case.

Trial begins in closed door with both sides family and attorneys. Anuj requests Court to kindly order his mother and sister to leave the Court room before start of Cross Examination.

Anuj: What is your name and age?

Sulekha: Sulekha and 29 years.

Anuj: What is your profession?

Sulekha: I am a research analyst in ABC Company.

Anuj: What are your total remuneration per month?

Public prosecutor: Me Lord, this is absurd question, not related to the case.

Court: I allow it, Ms. Sulekha please reply.

Sulekha: Madam it is 65,000/- Rupees per month.

Anuj: Did I ever Rape you?

Sulekha: Yes of course.

Anuj: How many times? Please reply in specific numbers.

Public Prosecutor: Me Lord, I object to this question.

Court: Mr. PP charges are of Rape, this is surely relevant. Answer Ms. Sulekha and be specific.

Sulekha: Almost daily.

Court: Give specific answer as asked.

Sulekha: Three to four times a week during my stay with accused Anuj.

Anuj: How much time did we stay together?

Sulekha: Four years and one month, almost.

Anuj: Why did you not object earlier for being raped so long.

Sulekha: Because you promised me marriage.

Anuj: Do you mean you had multiple times sex with me on my promise of marriage everytime?

Sulekha: Yes of course. You cheated me and I got carried away with your false commitments of marriage.

Anuj: Did I force sex on you from three to four times a week on regular basis?

Public Prosecutor: Me Lord, what is this question. When the victim says she had been raped, then how come it is different then forced sex. It means definitely forced sex 3/4 times a week.

Anuj: This is what I wished to confirm from complainant mouth.

Sulekha: Yeah it was forced sex always.

Anuj: Is it correct to say I raped you three to four times a week for more than four years i.e more than 800 times on the pretext of marriage?

Sulekha: Yes of course.

Anuj: Me Lord, I wish to request your good self to kindly note that complainant is saying that I promised her marriage more than 800 occasions to rape her every time.

Court: You carry on with your Cross Examination.

Anuj: Did you ever had to abort a baby during our living relationship?

Sulekha: I don't remember.

Court: Ms Sulekha, how is it possible a lady does not remember of her abortion. Remember and reply.

Sulekha: Yes three years back i.e in second year of our relationship.

Anuj: Why did you abort it?

Sulekha: Because I was not ready for marriage at that time at so early age of my career and in the start of our relationship.

Anuj: Do you own a 2625 square feet apartment in post locality of Gurgaon.

Sulekha: I had made advance payment of seventy two lakhs so practically I do not own it completely yet.

Anuj: Is this in ABC project?

Sulekha: Yes.

Anuj: From where did you get so huge amount of seventy two lakhs, whereas your monthly salary is 65000 only.

Sulekha: From my own sources.

Anuj: May I know what is those your own sources?

Sulekha: I don't wish to reply.

Anuj: Why did you file complaint of rape against me after a long period of living relationship with me for more than four years.

Sulekha: Because you did not marry me.

Anuj: Please refer to my reply on page number, which is the copy of text message sent from your phone, certified by mobile service provider.

Court: What do you ask from this page?

Anuj: Me Lord, I wish to show that at line number six message dated .......which is exactly two days before the date of complaint/FIR, which reads as: I WON'T MARRY YOU UNLESS AND UNTIL YOU TRANSFER YOUR ANCESTRAL WORLI FLAT IN MY NAME.

Court: Okay go ahead, ask your question.

Anuj: Is this message sent by you?

Sulekha: I don't remember.

Anuj: This message is sent from your mobile and is certified by mobile service provider. Please have a look and remember.

Public Prosecutor: I object, me Lord.

Court: Objection over ruled.

Anuj: Yes Madam, reply to this question.

Sulekha: Yes it was texted by me.

Anuj: This means you refused to my marriage proposal . When I did not agree to your unethical demand of transferring you my ancestral Mumbai's Worli flat, you refused to marry. Me Lord she is the one refused for marriage at her time of abortion too and it is never me who refused to marry her.

Courtroom gets pin drop silence. Sulekha asks for adjourning to some other date. Court grants adjournment of only fifteen minutes. Sub Inspector Barkha, Public Prosecutor: and Sulekha chat in one corner, may be planning another gimmick.

Court: Start the proceedings.

Anuj: Me Lord, Please refer to page no.s 32 to 36 of my reply ,these are certified copy of receipts in favor of Ms. Sulekha, mentioning cheque no.s of Canara Bank, Gurgaon.

Court: Yes go ahead.

Anuj: Me Lord, please look at page no.42 and 43 of my Canara Bank Statement, all those five cheque got cleared from my bank account. 

Anuj gets all five entries ticked one by one.

Court: Okay fine. You may ask your questions.

Anuj: Do you agree that seventy two lakhs deposited in builder account are paid from my account?

Sulekha, left with no choice: Yes they are.

Court to Io Barkha: Why have you not enclosed these documents in your charge sheet.

Barkha: Me Lord, Builder did not support and give copy of receipts.

Court: It is hard to believe. You police personnel if you wish you get statement and support from a dead man and how could a builder could not support you. And what about not enclosing bank statement of Anuj.

Barkha: Me Lord, I did not feel it worth to enclose in Charge Sheet.

Court: I understand what documents become worth or worthless for you guys and why? Okay Mr.Anuj go ahead.

Anuj: Why have you got receipts and booking in your name whereas all the payment is from my account.

Sulekha: So what is wrong in that. we both were in living relationship. So ultimately we both were supposed to shift in our owned flat from rented flat.

Anuj: Who was paying rent of flat, where you were having living relationship with me.

Sulekha: Of course you, you were the man of the house.

Anuj: Why had you got receipts in your name of seventy two lakhs paid solely by me?

Sulekha: What do you mean by that, you bastard, do you mean you were enjoying free sex with me in those four years.

Anuj: This means it was all paid sex in our living relationship. 

Court: Both of you Mind your language, this is last warning.

Anuj: Me Lord, I am really sorry for hurting the Hon'ble Court decorum. I wish to humbly submit that:

- There was no false promises of marriage, how is it practical to promise each 800 plus occasions before acting in to alleged rape. 

- Our relationship was consensual.

- Complainant was mature and adult enough to understand meaning of living relationship, consensual sex or force sex.

- I never gave her false promises of marriage. it was she, who refused my marriage proposals number of times for her extra money greed.

- I offered her marriage in the first year of our relationship but she refused and aborted the child.

- She has used me as sex slave and money minting machine , without committing of marriage and giving birth to our child.

- Why did she not complain for rape earlier in those four years. Because she was getting regular monetary benefits from me for indulging in to sex. 

- Even if these 800 plus sexual acts happened on my wish only. The fees for all acts had been fully paid of by taking care of her living expenses and in addition 72 lakhs for flat. Which itself becomes Rupees 9000 per sexual act, this fee is way beyond average fee/act charged by a prostitute in Delhi.

Me Lord, I humbly submit, It was not she who was being raped. IT WAS ME WHO WAS BEING RAPED of My Physical Body and Money. 

I hereby rest my case.

After complete trial, Court Orders:

This is case of tilting the laws, misuse of excessive power of police, 

Accused Anuj is not found guilty. No rape charges could be established by prosecution. Rather he is victim of stringent laws moulded and tilted by the complainant for extorting money from him. Anuj is released with immediate effect. 

Court Ahlmad is directed to file a case against complainant Sulekha under relevant sections to be pronounced tomorrow and she is to be taken into judicial custody immediately. 

Detail order would be announced tomorrow at 4.00 PM.

.....end.........

Happy Reading!!!!!!!!!!!!!!!!!

Always Indebted & Grateful to my Parents (GOD).

Best Regards

? Pavan Datta

Disclaimer:

This is a work of fiction & providing general information. No persons used as characters in the story actually exist and any resemblance to persons, living or dead, Profession is purely coincidental. Persons, Professions, locality, area, organizations, companies or products listed in the story are for the purpose of story development only and no actual attitude toward or connection with such is to be inferred.

While trying everything to ensure accuracy, this information is purely indicative for making story and should not be used for any decision-making. The Author is not responsible for any damage or loss resulting from the use of the information presented in this post.