Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
The Rajasthan High Court has granted bail to an accused charged for rape under IPC as well as POCSO Act, primarily looking at a representation made by the prosecutrix to the Superintendent of Police that revealed that the rape case was merely a façade created by her to malign her own image so that her husband abandons her.After recording of statement under Section 161 CrPC, a representation...
The Rajasthan High Court has granted bail to an accused charged for rape under IPC as well as POCSO Act, primarily looking at a representation made by the prosecutrix to the Superintendent of Police that revealed that the rape case was merely a façade created by her to malign her own image so that her husband abandons her.
After recording of statement under Section 161 CrPC, a representation was filed by the prosecutrix and her parents before the Superintendent of Police. In this representation, it was revealed that the prosecutrix was married to a man but owing to certain disputes in the marriage, she wanted to get out of the wedlock. For this purpose, the family decided to voluntarily malign the image of the prosecutrix by filing a false rape case involving her. This was done with the intention that such malignant image would compel the husband to abandon the prosecutrix which will help the family to escape any social responsibility of paying money to the husband for failed marriage.
The representation was also part of the challan papers filed in the case.
The bench of Justice Rajendra Prakash Soni further observed that no other evidence existed against the applicant except for a delayed test identification parade.
Based on this material, Court said the applicant had substantial grounds available to question the case of the prosecution. Hence, the bail application was allowed with conditions.
Title: Narayan Lal v State of Rajasthan
Citation: 2024 LiveLaw (Raj) 149