The Allahabad High Court has adopted a strict approach towards individuals who retract their statements after filing cases of rape, including gang rape and cases under the POCSO and SC/ST Acts. The court has directed the recovery of government compensation granted in such cases, along with interest, from those who lodge false allegations.
During a trial, the court seriously considered instances where accusers changed their testimonies. Granting conditional bail to an accused in a gang rape case, the court emphasized that action should also be taken against individuals who file such false complaints.
It pointed out that the court frequently encounters cases where initial allegations of rape, POCSO Act violations, and SC/ST Act offenses lead to investigations, wasting both time and money. In these cases, families of the alleged victims often receive financial aid from the government, only to later reconcile with the accused parties and turn hostile during the trial, thereby failing to support the prosecution’s narrative.
The court criticized this trend, suggesting it must be halted. It approved the bail plea of Aman, an accused in a gang rape case filed in the Bhagatpur police station of Moradabad. The court ordered the release of the petitioner and instructed the victim’s side to repay the government compensation received, with interest.
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The court highlighted contradictions in the victim’s statements and noted that during the trial, both the filer of the FIR and the alleged victim admitted that the petitioner and co-accused did not commit rape nor did they take the victim to the field as initially claimed. This admission led to their declaration as hostile witnesses. Medical examinations also did not confirm the occurrence of rape.
