Allahabad HC Takes Firm Stand Against 'False' Rape Cases, Calls for Action Against Victims Turning Hostile

The Allahabad High Court recently expressed concern over false rape cases in the state, saying this should stop and there should be action against those who lodge such complaints.

“Every other day, such a case comes before the court where initially FIR is lodged under Section 376 IPC, POCSO Act, and SC/ST Act, on which investigation continues and both money and time are wasted. In this type of case, the victim’s family also receives money from the government, but after time passes and the trial begins, they join the opposite parties and turn hostile, or do not support the prosecution’s story,” observed the bench of Justice Shekhar Kumar Yadav, adding that this also wastes the time and resources of the investigating agency.

The high court was dealing with a bail application filed by a rape accused. The case was registered under sections 376D and 506 of the Indian Penal Code and relevant sections of the POSCO Act. Pleading for bail before the court, the counsel of the accused argued that he was falsely implicated in the case.

The counsel also highlighted the delay in filing the FIR and submitted that the victim had given no explanation for it. The counsel pointed out the contradictions in the victim’s statements under Section 161 and Section 164 of Code of Criminal Procedure.

During the trial, the victim had admitted that the accused and co-accused did not take her to the fields and did not commit the alleged rape, the counsel said, adding that due to this, she had been declared hostile.

Taking note of the facts and circumstances of the case, while the court granted bail to the accused without commenting upon the merit of the case, it ordered that if the victim’s party has received any money from the government as compensation, it should return it with interest. It also asked the concerned subordinate court that if a wrong case is found to have been registered, then there should be a case against the victim as well.

“A copy of this order should be sent to the concerned subordinate court and the district magistrate, that if the present FIR is found to be false then the money received by the victim should be recovered as revenue and deposited in the government account and the concerned subordinate court should take action against the victim and her party and initiate prosecution,” the HC said.