On Thursday, the Allahabad High Court frowned upon the apparent trend among women filing false complaints under the Protection of Children from Sexual Offences Act (POCSO Act), the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST Act) to grab money from the State.
The Court stated that false complaints are lodged against innocent persons to thrash their social image or reputation in society.
A Bench of Justice Shekhar Kumar Yadav observed, “In the society, there are certain false FIR under the POCSO as well as SC/ST Act is lodged against innocent persons ruined their image in the society just for taking money from the State. It is very unfortunate that nowadays, in maximum cases the women are using it as a weapon just to grab money, which should be stopped.”
The Court also opined that both the Central and State governments must be sensitive toward the issue of rising cases of sexual violence.
It also made a remark on the case, “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 Court remarked this while hearing an anticipatory bail plea filed by a man accused of rape in 2011.
The applicant’s Counsel argued that the First Information Report (FIR) in the case was filed in 2019, around 8 years after the alleged incident took place and no explanation was given for such a long delay in filing the case.
It was contended that the victim herself had agreed to engage in a physical relationship with the applicant, which suggests that she had willingly participated in the act. Further, the complaint under the POCSO Act would not be applicable in the matter since the woman was over 18 years of age.
The Court noted that prima facie, it observed material contradictions in the statement of the victim recorded under Sections 161 and 164 of the Code of Criminal Procedure (CrPC).
The Court noted, “As per version of the FIR, it has been mentioned that the applicant made physical relation with the victim in the year 2012 whereas in the statement under Section 161 Cr.P.C. the victim has stated that the applicant made physical relation in the year 2013.”
Considering all arguments, facts, and evidence of the case, and without expressing any opinion on the merits of the case and considering the nature of the accusations and antecedents of the applicant, the applicant was granted anticipatory bail by the Court.
The Court also called for criminal action to be taken against the complainant if the case filed under POCSO is found to be false/fake.
The Court also directed, “Under the circumstances, it is directed that in case it is found that the FIR lodged by the victim is false, then criminal proceeding under Section 344 Cr.P.C. against the victim shall be initiated after conducting inquiry. It is also directed that in case any money is given by the State to the victim, the same shall also be recovered from the victim.”
Advocate Hari Prakash Tiwari represented the applicant. And advocate Nehal Beg represented the State.
Source: https://www.barandbench.com/news/women-filing-false-pocso-scst-cases-use-weapon-to-grab-money-from-state-ruin-innocent-people-image-society-allahabad-hc