Action Must Be Taken Against Rape Victims Who Turn Hostile After Receiving Government Compensation: Allahabad High Court

CASE NAME:

Aman vs State of UP and ors.

PARTIES:-

Applicant: Aman

Opposite Party: State of UP and Ors.

DATE OF THE CASE:

2^nd February, 2024

BENCH/JUDGE:

Hon’ble Justice Kumar Yadav

IMPORTANT PROVISIONS:-

1. Section 161 CrPC:-

Deals with examination of witnesses during the investigation by the police.

2. Section 164 CrPC:-

Empowers a magistrate to record statements and confessions during the investigation.

3. Sections 376D IPC:-

Pertains to punishment for gang rape.

4. Section 506 IPC:-

Deals with punishment for criminal intimidation.

5. Section 5 POCSO Act:-

Specifies punishment for penetrative sexual assault.

6. Section 6 POCSO Act:-

Pertains to punishment for aggravated penetrative sexual assault.

7. Section 3(2)(V) of SC/ST Act:-

Addresses offenses committed against members of Scheduled Castes/Scheduled Tribes, ensuring protection from atrocities.

SUBJECT:-

In this riveting legal saga, the defense meticulously dismantles allegations through compelling arguments and scrutinizes inconsistencies in statements. Unveiling facts, they assert the accused's innocence. Now, all eyes await the judicial verdict in this pursuit of truth and justice.

OVERVIEW:-

In this case, the defense is strenuously disputing the allegations against the accused. They raise significant concerns about the reliability of the accusations, pointing to a lack of concrete evidence and asserting that the claims are false. The defense highlights discrepancies in statements made during the investigation, casting doubt on the integrity of the initial proceedings. Emphasizing the accused's denial of any wrongdoing, the defense contends that the described incidents did not occur as reported by the complainant. They challenge the credibility of the complainant's statements, arguing against their consideration as reliable evidence. Ultimately, the defense seeks the release of the accused on bail during the ongoing trial, presenting a comprehensive strategy aimed at establishing the innocence of their client.

ISSUES RAISED BEFORE THE COURT:-

1. Whether the accusations against the accused are false?

CONTENTIONS RAISED BY THE APPLICANT:-

• The learned counsel for the applicant, Advocate SF Hasnain argues that the accusations against the accused are false. There is a lack of evidence supporting any criminal activity by the accused.
• The counsel contests the credibility of the initial investigation, citing delays and inconsistencies in lodging the FIR. Moreover, the statements made under Sections 161 and 164 of the CrPC are claimed to be contradictory. He questions the reliability and coherence of these statements as PW1 (complainant) and PW2 (victim) have themselves admitted that the accused along with his peers has not committed any such act as written in the complaint.
• The counsel claims that the accused did not engage in violent behavior with other individuals. Due to the mentioned reasons, the applicant requests the release of the accused on bail.

ANALYSIS BY COURT:-

• The court highlighted that in cases coming before the court under Section 376 of the Indian Penal Code and the Protection of Children from Sexual Offences Act, most of the cases are false as the expenses related to the victim's rehabilitation are borne by the government.
• It emphasized that during this process, the accused is entitled to a fair trial, and the court takes into consideration the arguments presented by both sides. The court also ensures the timely disposal of cases.
• It directed the complainant to return back the money to the government (if taken) with interest.
• The court also decides to release the accused on bail.

JUDGMENT:-

If the court finds that the case against the accused was false, it can order compensation for the accused against whom the incorrect case was filed. This order is subject to review by a higher court and if it is confirmed that the victim filed a false case, the court can order appropriate legal action against them.

CONCLUSION:-

The court after considering all the facts and evidences, decides to release the accused on a bail bond on the following conditions:-

1. The accused will have to be present in the court during the entire trial proceedings.
2. The accused shall not manipulate any of the witnesses.
3. The accused, during the trial, is not allowed to engage in any form of tampering of the evidences.

If the accused fails to abide by the aforementioned conditions, then the court can exercise its discretionary power to cancel the bail of the accused.