The Allahabad High Court on Thursday came heavily upon the apparent trend of women filing false cases under the Protection of Children from Sexual Offences Act (POCSO Act) and the SC/ST Act to grab money from the State.
“In the society, there are certain false FIR(s) under the POCSO as well as SC/ST Act is (that are) lodged against innocent persons (which) ruined their image in the society just for taking money from the State. It is very unfortunate that now a days, in maximum cases the women is (are) using it as a weapon just to grab money, which should be stopped,” the court said.
The court was hearing an anticipatory bail plea filed by a man accused of rape in 2011. The counsel for the applicant argued that the FIR in the case was filed only in 2019, around 8 years after the alleged incident took place, without any explanation given for the delay. It was also submitted that the woman herself had agreed to have engaged in a physical relationship with the applicant. Further, the complaint under the POCSO Act would not apply since the woman was over 18 years of age.
The court noted that prima facie, there are material contradictions in the statement of the woman recorded under Sections 161 and 164 of the Code of Criminal Procedure (CrPC). “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 applicant made physical relation in the year 2013,” the court noted.
Without expressing any opinion on the merits of the case and considering the nature of the accusations and antecedents of the applicant, the court granted him anticipatory bail.
The court also called for criminal action to be taken against the complainant if the case is found to be false. “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,” the court said.
