In Most Cases, Women File False FIRs Under POCSO/SC-ST Act Using It As A Weapon To Grab Money From State: Allahabad HC

The Allahabad High Court on Thursday observed that it is 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.

The Court noted that such false FIRs are being lodged just for taking money from the State and the same has the effect of ruining the image of innocent persons in society.

"Looking to the rampant and daily increasing prevalence of such type of crimes of sexual violence, I think that it is high time that the State of U.P. and even the Union of India should become sensitive to this grave issue," the bench of Justice Shekhar Yadav further observed as it granted anticipatory bail to a Rape accused.

Allegedly, the accused committed the offence of rape upon the victim in the year 2011, however, the FIR in the case was lodged in March 2019 i.e. about 8 years after the alleged incident.

Seeking anticipatory bail in the case, the accused moved the court wherein his counsel argued that no plausible explanation had been given by the Victim regarding the huge delay in lodging the FIR. It was contended that the accused has been falsely implicated in the present case just to harass him, when in fact, no such incident had taken place as alleged in the impugned FIR.

It was also submitted that the victim herself has admitted that she had made physical relation with the applicant meaning thereby the victim is a consenting party and also, she is able the age of 18 years. Lastly, it was submitted that the coaccused has already been granted anticipatory bail by the Court and hence, his counsel prayed that the same benefit be extended to the accused.

Taking into account the allegations contained in the FIR and submissions made by the Counsel for the accused, the Court observed that there are material contradictions in the statement of the victim recorded under Sections 161 and 164 Cr.P.C.

The Court also noted that as per the version of the FIR, it had been mentioned that the applicant made physical relation with the victim in the year 2012 whereas in the statement under Section 161 CrPC, the victim stated that the applicant made physical relation in the year 2013.

In view of this, without expressing any opinion on the merits of the case and considering the nature of the accusations and antecedents of the applicant, the Court granted him anticipatory bail.

Under these circumstances, the Court directed that in case it is found that the FIR lodged by the victim is false, then criminal proceedings under Section 344 CrPC against the victim shall be initiated after conducting an inquiry. The Court also directed that in case any money is given by the State to the victim, the same shall also be recovered from the victim.

Last month, the Allahabad High Court imposed a cost of Rs. 10K on a woman who admittedly lodged a First Information Report (FIR) against 4 men falsely accusing them of committing the offences of rape, and unnatural sex against her.

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

Case title - Ajay Yadav vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 254 [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7907 of 2023]

Case Citation: 2023 LiveLaw (AB) 254

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