The Punjab High Court in Varinder Kumar v/s State of Punjab and another (CRM-M-40817-2019(O&M), on 17th February, 2023, held that it was a case of ‘blackmailing’ as accused was not in India on that date of the allegation of the crime being committed. The judgement was presided by Honourable Mr. Justice Jagmohan Bansal.
FACTS OF THE CASE:
An FIR was registered against the petitioner on allegation of committing gang rape. The petitioner was charged for the alleged offences under sections 376-D, 506, 342, 120-B IPC. It was alleged that the petitioner had committed gang rape and was booked for various charges, including charges under Sections 3,4,5,6 of the Immoral Traffic (Prevention) Act, 1956.
The petitioner submitted before the Investigating Officer his travel documents and proof of his absence on the night the gang rape was allegedly committed. As per the FIR, the rape had been committed on the intervening night of 12th February, 2019 and the petitioner had left for London on 26th January, 2019. The petitioner had left India on the 26th January, 2019 and had left the country on the said date in the FIR.
Rape being a gruesome crime and a gross violation of human dignity of another individual, attracts stringent punishments under the Indian Penal Code and tarnishes the image of the perpetrator(s), and rightfully so. However, false complaints can potentially destroy an individual’s life in lifelong trials and exclusion from the society. The bench held that these type of allegations make it difficult to filter the genuine cases from the fabricated ones. It was held that it was a case of blackmailing and misuse of the due process of law.
“In view of the admitted position that on the day of alleged incident, the petitioner was out of country, it is highly improbable to believe that the petitioner has committed alleged offence. It is apt to mention here that prosecutrix has turned hostile qua three accused which further indicates act and conduct of the prosecutrix. It appears to be a case of misuse of process of law. It is unfortunate that a lady is making allegation of rape against a man who was not in India.”
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JUDGEMENT REVIEWED BY ARYA THAKUR.