"Attempt Made To Overawe Authorities": P&H High Court Imposes 1 Lakh Fine On Woman Who Sought CBI Probe In Her 'Fake Rape' Case

Having analyzed the facts of the case and connected circumstances, a bench of Justice Harnaresh Singh Gill, while dismissing the woman's plea remarked,

"It is clear that the petitioner has leveled false and frivolous allegations against respondent No. 7 and has gone to the extent of lodging the FIR in question and recording the statement before the Magistrate on 19.6.2020. The petitioner has not approached this Court with clean hands."

Facts in brief

Petitioner/Woman approached High Court seeking to hand over the investigation to some independent agency and for issuance of directions to arrest accused/respondent No. 7.

As per the version of the petitioner, in December 2020, Rs. 4.00 lacs had been paid by the mother of the petitioner to respondent No. 7 to delete all the nude videos, showing the petitioner in a compromising condition and the said amount was paid to save her respect and dignity in society.

Allegedly, since some videos were deleted, respondent No. 7 again met the petitioner in her office on in April 2020, and demanded Rs. 3.00 lacs more to delete the remaining nude videos and when the petitioner showed her inability to pay more money, respondent No. 7 took her to an isolated place in his car and had committed rape upon her against her wishes.

It was also alleged that respondent No. 7 was having strong links with the ruling party and that is the reason the local administration is not taking any action against him and he is roaming freely.

Pursuant to this, the Court had directed the Director General of Police, Punjab to constitute an SIT and in in the report of the SIT and the status report of the Inspector General of Police, it was concluded that the woman had lodged a fake FIR against respondent No. 7 and had further recommended for the presentation of supplementary challan/cancellation report.

The report also stated that the allegations raised by the petitioner in the FIR were not proved as the call location of the petitioner and respondent No. 7 showed different places as from the one where the alleged rape was committed.

The investigation regarding the stay of the petitioner and respondent No. 7 in Hotel Sneh Mohan, at Jagraon was conducted and the statement of the Manager was also recorded and a conclusion was drawn that the petitioner and respondent No. 7 had stayed there on different dates on friendly basis.

Court's order

Noting that the proceedings initiated by the petitioner were false and frivolous and that it was clearly established that an attempt had been made to not only abuse the process of law but also overawe the authorities.

Hence, keeping in view the law laid down by the Hon'ble Apex Court, the Court opined that it was a fit case, where an exemplary cost should be imposed upon the petitioner.

Consequently, the instant petition was dismissed with costs of Rs. 1.00 lac, to be paid and deposited by the petitioner with the Institute for the Blind, Sector-26, Chandigarh.

Case title - Pritpal Kaur v. State of Punjab and another [CRM-M No. 14954 of 2020 (O&M)]

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