First time ever in Indian history the woman levelling a false charge of rape is prosecuted by the court for the offence of perjury u. sec 194 of IPC which is punishable with imprisonment for life.
1. On an application under Sec 340 of Cr P C the court has directed the officer of court to lodge a complaint against the persecutor woman, Ruchika Mehar, before Magistrate u. sec 193,194,199,200,211 of IPC.
2. The offences slapped against the woman are non bailable and attract punishment of imprisonment for life, and the the minimum punishment cannot be below ten years.
3. Police report is based on the reports from Intelligence Bureau (IB), Ministry of Home Affairs, Government of India, New Delhi.
Legal experts say that as per the rulings on perjury the accused woman should not be allowed bail and should be tried undertrial.[ Dilip Patel 2011 SCC OnLine Guj 7522, Arvindervi Singh (1998) 6 SCC 352, Ashok Sarogi’s Case 2016 ALL MR (Cri) 3400]
4. The Constitution Bench of Supreme Court in Iqbal Singh Marwah’s case (2005) had ruled that cases like this, should be tried with a sense of urgency. Same law has been followed by the Bombay High Court in Surendra Mishra\’s case by ordering the Trial Court to decide the 340 application within one month. [Surendra Mishra vs State 2019 SCC On Line Bom ]
5. Supreme Court, in many cases and more particularly in the case of Perumal vs. Janki (2014)5SCC 377, had made it clear that if any person including the Police officer helps the Woman in lodging and proceeding in a false case including rape case then every such person is liable to be prosecuted for perjury and the Judge refusing to take action against such woman/person will be failing in his duty.
6. Failure of Judge to perform his duty in order to help such accused is made punishable under sec 218 of IPC[Anverkhan AIR 1921 Bom 115, BirajaProsad Rao Vs. Nagendra Nath, (1985) 1 Crimes 446 (Ori.), HurdutSurma, (1967) 8 WR (Cr.) 68]
CREDITS: shorturl.at/jAP2
Every false rape accusation, or for that matter any false accusation by women with the intent to harm men or malign their public image should face such serious consequences. The Indian legal system should catch up quickly with the current times
Where can we find further details of the original case.
On the E court website or through your advocate.
Perjury happens only when witnesses admits to lying or it can also be proved by defense?
Giving false evidence and fabricating false evidence both are perjury. It doesn’t matter who it comes in knowledge of court.