Allahabad High Court: In an anticipatory bail seeking bail for offences under Sections 376, 313, 504, 506 of the Penal Code, 1860 (‘IPC') and Section 3 read with Section 4 of Protection of Children from Sexual Offences (POCSO) Act, 2012, Shekhar Kumar Yadav, J. while granting bail to the rape accused has directed the police that if 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. Further, if any money is given by the State to the victim, the same shall also be recovered from the victim.
The accused submitted that the incident is alleged to have taken place in the year 2011 whereas the impugned FIR has been lodged on 11-03-2019 i.e., about 8 years after the alleged incident but there is no plausible explanation regarding long delay. He further submitted that the victim in her statement recorded under Section 164 Code of Criminal Procedure, 1973 (‘CrPC') has stated that accused has made physical relation with her. The victim herself has admitted that she has made physical relation with the accused, thus she consented to the said act. He further submitted that in the victim's medical examination it was found that she is above 18 years and as per supplementary medical report, no spermatozoa were seen. He further submitted that in the alleged incident, the accused and his father had been implicated on false and fabricated ground. Further, the co-accused has already been granted anticipatory bail by this Court.
The Court after placing reliance on Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1, granted bail to the accused.
Before parting with the case, the Court observed that in our society, certain false FIRs under the POCSO as well as SC/ST Act are lodged against innocent persons, which ruins their image in the society. This is done just to take money from the State.
Looking to the rampant and daily increasing prevalence of such type of crimes of sexual violence, the Court said that it’s high time that the State and even the Union of India should become sensitive to this grave issue.
Thus, the Court directed that if 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. Further, if any money is given by the State to the victim, the same shall also be recovered from the victim.
[Ajay Yadav v State of UP, 2023 SCC OnLine All 601, Order dated 10-08-2023]
Advocates who appeared in this case :
Counsel for Applicant: Advocate Hari Prakash Tiwari
Counsel for Opposite Party: Government Advocate Nehal Beg