In a rare case, a magistrate’s court in Satara district of Maharashtra has ordered prosecution of a woman for perjury and filing false gang rape case against two men in the year 2019.
According to the complaint registered by the woman on July 27, 2019, she was lured on promise of finding her a job as a receptionist at a Panchgani hotel and then gang raped by two men in a moving car. The woman also then said that the incident happened at an isolated place between Wai and Panchgani. An FIR was lodged against both men based on the testimony of the woman.
After investigating the matter, it was learnt that one of the accused was not present in India and the other man was in Pune at the date and time of the reported crime. Further, the police also said that the car in which woman alleged to have been rape, was sold by the accused almost a year ago of the date of incident. This car too was reported to be in Nanded on the day of the alleged gang rape.
After all findings, police filed a B-Summary report. This is a closure report filed by police in absence of any evidence against the accused. The investigating officer concluded that the case filed by the woman was false and malicious and subsequently closed the case.
Counter Petition by Woman
The woman later opposed the B-Summary report and filed a protest petition stating that she stood by her allegations.
The court considered the report by the Intelligence Bureau and also based on the Foreigners Regional Registration office, Mumbai, concluded that one of the accused was indeed out of India on the day of alleged crime. The calls records and mobile data of both accused indicated that they were not present anywhere near the spot of the alleged incident on that given date and time.
Subsequently, the court has ordered a case against the false complainant woman under:
- Section 193 (punishment for false evidence)
- Section 194 (giving or fabricating false evidence with intent to procure conviction of capital offence)
- Section 199 (false statement made in declaration which is by law receivable as evidence)
- Section 200 (using as true such declaration knowing it to be false)
- Section 211 (false charge of offence made with intent to injure)
…of the Indian Penal Code
The sections are non-bailable with maximum punishment upto life imprisonment and with the minimum punishment being not below 10-years.
I have accepted the B-Summary report filed by the IO in the present crime registered at the Wai police station. On the basis of this, I come to the conclusion that the informant of the said crime has filed a false FIR at the Wai police station as well given a false statement on oath under Section 164 of the Criminal Procedure Code in the Court of Justice.The informant has lodged a false FIR with the intent to cause injury to the men, knowing that there was no just or lawful ground for further proceeding on the basis of that false FIR.
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