A father was acquitted from a false rape case of his own daughter after spending five years in jail. The Punjab and Haryana High Court released the man in March 2018, stating that the trial court failed to appreciate the evidence in its totality or with sensitivity.
The High Court has acquitted the falsely accused of the charge citing:
The father would reprimand the girl after seeing her in the company of boys and that appeared to be the reason for the complaint.
The FIR was registered in June 2013 at Rambagh police station by the daughter. The man was then convicted by Amritsar court under Section 376 (rape) of the IPC for 10 years of rigorous imprisonment along with a fine of Rs 5,000. He remained in jail from 2013 to 2018.
The biggest flaw in our system, especially in rape cases is, the prosecutrix’s statement, if found convincing, is adequate to convict an accused.
Daughter’s Allegations
The girl had alleged that she was raped in her house around 6 am on June 8, 2013. At the time of the occurrence, her siblings were away to school; her mother is mentally unstable. The complainant’s sister was cited as a prosecution witness, but was given up by the prosecution. She was later examined as a defence witness.
Observation By High Court
Justice Anita Chaudhry said the Bench was required to examine whether the prosecutrix’s statement was convincing and could be relied upon. She said it was vacation time and schools were closed at the time the offence was alleged to have been committed. So, it was highly improbable that the incident could occur in those days, the judge observed.
Referring to the medical evidence, Justice Chaudhary said there was no “fresh assault”. She asserted,
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The plea taken by the accused that his daughter was out of his control is true. False allegations had been levelled by the daughter and her statement should not have been accepted as the gospel truth.
The judge also said that the trial court erred by accepting the prosecutrix’s statement at face value. It should have sought corroboration from other evidence.
Justice Chaudhry concluded,
The prosecution had been unable to prove its case. Resultantly, the appeal is accepted. The judgment and the order of conviction are set aside. The appellant is in custody. He be released forthwith, if his custody is not required in any other case.
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http://voiceformenindia.com/in-the-law/army-man-falsely-accused-of-rape-by-daughter/
http://voiceformenindia.com/in-the-news/false-rape-cases-india-4/
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