Allahabad HC Bats For Action Against Rape Victims Who Turn Hostile During Trial After Getting Compensation From Govt

A bench of Justice Shekhar Kumar Yadav further emphasized that such cases result in a waste of the investigator's and the court's time and resources.

“Every day such cases come before the court, in which initially an 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 defence parties and turn hostile, or do not support the prosecution's story. In this way, the time and money of the investigator and the court is wasted. This type of practice should be stopped and action should be taken against whoever has lodged such an FIR,” the bench remarked.

The occasion to make this observation arose while dealing with a bail application filed by one Aman who was arrested in December 2022 on the allegations of committing gang rape upon the victim.

The counsel for the applicant submitted that he had been falsely implicated in this case and that there is a contradiction between the statements of the victim under sections 161 and 164 of the Indian Penal Code.

It was further submitted that during the session trial, PW-1 (first informant), and PW-2 (victim) themselves admitted that the applicant and other co-accused did not commit the crime and due to this, the victim and PW1 had been declared hostile witnesses.

Lastly, it was contended that even the medical examination does not confirm that the victim was raped.

Keeping in view all the facts and circumstances of the case and the arguments of the counsel for the parties and without commenting on the merits of the presented case, the Court opined that it was appropriate to release the applicant on bail. With this, the bail plea was allowed.

Further, the Court also ordered that if the victim's side has taken from the government, the same should be returned with interest and if the concerned subordinate court finds that the opposite party had filed a false case, then they should also be prosecuted.

“A copy of this order be sent to the concerned subordinate court and the District Magistrate that if the present FIR is found to be false, the money received by the victim be recovered as revenue and the same be deposited in the government account and proceedings be initiated against the victim”, the Court further ordered in its order.

In related news, last year the Allahabad High Court observed that it was very unfortunate that nowadays, in "maximum cases" women are filing false FIRs under the POCSO/SC-ST Act using it as a "weapon to grab money" from the state and this practice should stop.

Also read: Genuine Cases Of Sexual Offences Now An Exception; Women Lodging False FIRs After Long Physical Relation With Accused: Allahabad HC

Case title - Aman vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 72 [CRIMINAL MISC. BAIL APPLICATION No. - 41458 of 2023]

Case citation: 2024 LiveLaw (AB) 72

Click here to read/download order