In a recent case, the Punjab & Haryana High Court observed that the prosecutrix tried to abuse the process of law and tried to overawe the authorities. The Court imposed a fine of rupees one lakh on the woman who sought a CBI inquiry in her fake rape case.
After going through the facts and circumstances of the instant case, Hon’ble Justice Harnaresh Singh Gill remarked that the petitioner has levelled false and frivolous allegations against respondent number seven and even recorded her statement before the Magistrate. The Bench further observed that the petitioner had not approached the Court with clean hands.
The petitioner-woman requested the Court to hand over the investigation to an independent agency and sought Respondent number seven’s arrest.
According to the petitioner, in December 2020, her mother paid four lakhs to the respondent to delete all her nude pictures and nudes. She stated that this payment was made to save her dignity or respect in society.
However, in April 2020, the respondent came to her office and asked for rupees three lakh to delete the remaining nude videos and photos of her. When the petitioner-woman stated that she could not pay the amount, the respondent took her to an isolated spot and committed rape on her.
She further alleged that respondent no.7 has links to the ruling, and the police have taken no action against him.
Directions issued by the Court:
Hon’ble Court directed the Director-General of Police, Punjab, to form an SIT and probe the case and file the status report of IGP as well.
As per the investigation, the woman filed a false case against respondent number seven and recommended that a cancellation report be filed. The report further stated that allegations mentioned in the FIR were not true as the petitioner’s call location and respondent no.7 showed them at different places at the time of the alleged incident.
The investigation stated that the parties stay at the hotel in Jagraon was on a friendly basis, and there was no coercion.
Order of the Court:
The Court ruled that the petitioner’s proceedings were frivolous and false, and it has been established that she not only abused the process of law and tried to overawe the authorities.
Given the law laid down by the Hon’ble Supreme Court, the Court opined that an exemplary fine should be imposed on the petitioner and directed her to deposit Rs 1 lac with the Institute of Blind, Chandigarh.
Case Details- Pritpal Kaur v. State of Punjab and another [CRM-M No. 14954 of 2020 (O&M)]