P&H HC | It is not only an abuse to process of law but also an attempt to overawe the authorities; HC imposes cost of 1 lakh for fake rape allegation 

Punjab and Haryana Case: Harnaresh Singh Gill, J., dismissed the instant petition filed for issuance of directions to Police officials to hand over the investigation of her case under Section 376 Penal Code, 1860, to the Central Bureau of Investigation or to some other independent agency. The Bench stated,

“…it is clearly established that an attempt has been made to not only abuse the process of law but also overawe the authorities.”

Background

The facts of the case were that the petitioner was working as a Nurse in a dispensary and accused Varun Joshi, who was an active member of the local wing of the ruling party, used to visit the said dispensary and started outraging the modesty of the petitioner. It was submitted that the accused approached the petitioner in her office and threatened her that he was having her nude videos and would upload the same on internet if she did not develop physical relations with him or pay Rs. 5,00,000 to him. Allegedly, Rs. 4 lakhs were paid to the accused as compromise, however, the accused again visited the office of the petitioner and told her that he had deleted only a few clips and demanded Rs. 3 lakhs further to delete them. On the petitioner showing her inability to pay Rs. 3 lakhs, the accused took her in an Innova car and had committed rape upon her.

The grievance of the petitioner was that no action was taken by the Police. The petitioner submitted that although, her statement was recorded instead of registering an FIR, the Police constituted a committee of two members to enquire into the matter. It was further averred that Deputy Superintendent of Police threatened the petitioner to settle the matter with the accused as he happened to be the man of means and belonging to the ruling party.

The respondent submitted that the DG of Police constituted a Special Investigation Team and the place of occurrence was visited by a lady member of the SIT and found the case of the petitioner to be based on false allegations. It was further submitted that a litigant who attempts to pollute the stream of justice or touches the pure fountain of justice with tainted hands, is not entitled to any relief. Therefore, exemplary costs should be imposed upon the petitioner, for such a frivolous litigation.

Observations and Conclusion

The Bench observed that the allegations raised by the petitioner were not proved as the call location of the petitioner and the accused show different places from the one where the alleged rape was committed. The investigation regarding the stay of the petitioner and the accused in Hotel Sneh Mohan was conducted and the statement of the Manager was also recorded and a conclusion was drawn that the petitioner and the accused had stayed there on different dates on friendly basis.

The SIT had also drawn a conclusion that there was a friendly relationship between the petitioner and the accused and the dispute between them arose only when the petitioner made a written complaint to the Gram Panchayat against her husband, daughter and her in-laws’ family and showed her desire to stay away from them. The Bench opined,

“It is clear that the petitioner has levelled false and frivolous allegations against the accused and has gone to the extent of lodging the FIR in question and recording the statement before the Magistrate. The petitioner has not approached this Court with clean hands.”

Relieance was placed on Phool Chandra v. State of U.P., (2014) 13 SCC 112,  wherein, the Supreme Court expressed its concern over the need to curb frivolous petitions in following words, “It is high time that the Courts should come down heavily upon such frivolous litigation and unless we ensure that the wrongdoers are denied profit or undue benefit from the frivolous litigation, it would be difficult to control frivolous and uncalled for litigation.”

Lastly, the Bench stated, from the facts and circumstances delineated above, it is clearly established that an attempt had been made to not only abuse the process of law but also overawe the authorities. In view of the above, the petition was dismissed with costs of Rs. 1 lakhs to be paid and deposited by the petitioner with the Institute for the Blind. [Pritpal Kaur v. State of Punjab, CRM-M No. 14954 of 2020, decided on 16-03-2021]


Kamini Sharma, Editorial Assistant has reported this brief.


Appearance before the Court by:

For the Petitioner: Adv. Rajesh Bhatheja

For the Respondents: AGG. Randhir Singh Thind, AAG, Adv. Shubhra Singh, Adv.  Puru Gupta and Adv. A.S.Brar

One comment

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    In addition to financial penalty; these false accusers of rape should be ordered to make public acceptance of their falsehood by newspaper publication in English, official language of country and local language; only through this mechanism the honor lost and agony suffered by accused can have redressal and restoration of his good character and respect (part of right of life).

    Under Islamic Sharia law; the false accusers are subject to 80 lashes. However, such punishment needs to be provided in the law first; but above stated order can be passed by the superior courts without provided in law.

    All above comments are subject to distinction to be observed between factual determination or mere technical reasons.

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