Court Directs Initiating Proceedings Against Woman In False Rape Case

A court here has ordered launch of proceedings against a woman for falsely accusing four men of raping her.

Acquitting the accused, the court said women who misuse law to falsely implicate people in rape cases should be dealt with strictly.

Additional Sessions Judge Jagmohan Singh was hearing a case against the four accused--Satish, Yogesh, Satbir and Yogesh Gupta--who were alleged to have abducted and raped the woman in 2012.

Noting the evidence before it, the court said it was "highly plausible" that the prosecutrix married accused Satish on December 4, 2012 at an Arya Samaj temple in Delhi while concealing the fact that she was already married and had a child, and upon being confronted by him, she falsely implicated Satish and his three relatives.

The court said the woman had "falsely testified on oath" that she was abducted and taken to Karnal on November 29, 2012 where she was kept hostage till December 10 and gang-raped by the accused persons.

It noted the testimony of a priest that on December 4, 2012, the woman's marriage was solemnised with Satish at a temple.

The court also noted a mobile phone voice recording where she was conversing with accused Kuldeep about sorting her differences with Satish, while respectfully addressing him as 'Mamaji' (maternal uncle).

"The above conversation utterly belies the testimony of the prosecutrix regarding the alleged incident of abduction and gang rape at Karnal from November 29 to December 10, 2012. Thus, her testimony on this point is patently false," the court said.

"In the considered opinion of this court, such kind of women as the prosecutrix in the present case, who misuse the law to falsely implicate persons of the heinous offence of rape should be dealt with strictly. Therefore, this court is of the considered opinion that it is in the interest of justice that cognisance of the offence of giving false evidence is taken against the prosecutrix," it added.

In a verdict pronounced last month, the court directed initiation of proceedings against her under Section 344 CrPC (summary procedure of trial for giving false evidence).

It said the prosecution has failed to prove any of the charges against the accused beyond a reasonable doubt. "Accordingly, accused Satish, Kuldeep and Yogesh Gupta are hereby acquitted of the charged offences," the court said. Since had Satbir died during the trial, and charges against him were abated.

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