ANI
04 Apr 2025, 00:14 GMT+10
New Delhi [India], April 3 (ANI): Delhi's Tis Hazari Court has recently acquitted a man of rape charges levelled against him in view of the false statement given by the complainant. The court has also directed the court staff to send a complainant to the Chief Judicial Magistrate (CJM) against the woman for perjury (false evidence in the court).
Additional Sessions Judge (ASJ) Anuj Agarwal acquitted the accused considering the facts no prosecution witness supported the allegations levelled by the victim and contradiction in her own statement.
While acquitting the accused the Judge said, 'However, in my view, an acquittal simplicitor cannot recompense the agony of the accused.
'It is no gainsaying that an offence of rape is diabolic and abbhorable, to say the least, for it not only destroys the body of the victim but also her soul. Similarly, a false accusation of rape may also destroy the soul of a hapless accused, his reputation being tarnished for Good,' ASJ Agarwal said in the judgement of April 1, 2025.
To highlight the situation, the court also quoted lines from an English poem that rhymes as
'The song of the meek, will darken any brow, as they cry aloud and beseech justice.'
The court said that in false rape cases, the accused face a trial for the offence which he didn't commit.
'But how to find strength, to do the right, so that the meek shall also survive is the question before this court,' the Judge pointed out.
The judge said, The answer perhaps lies in hearing not only the shrieks of a complainant but also the unheard cries of a person standing before this court with folded hands beseeching justice for a crime that he never committed, which got louder as the lies of prosecutrix got manifested with the progression of trial.'
The court further said that the oath which a witness takes in the witness box is a solemnappeal to the Deity, made binding upon the conscience by a penalty for perjury.
The court said that the prosecutrix betrayed the solemn oath she took.
'Since it is evident from the record that the prosecutrix herein betrayed the solemn oath (she took in the witness box) and treaded on a treacherous path of perjury, therefore let a complaint under section 379 BNSS for offences of perjury as punishable under sections 193/195 of IPC be sent against her to the court of Learned Chief Judicial Magistrate (Central) by Ahlmad (court staff) of this Court,' ASJ Agarwal ordered in the judgement.
Defence counsel Manisha Parmar prayed for the acquittal of the accused on the ground that he has been falsely implicated. The prosecutrix got the accused honey trapped in order to extort money from him.
She further argued that the prosecutrix has filed several similar complaints againstdifferent persons.
She pointed out that from the chargesheet it is evident that the sinister design of the prosecutrix to entrap another victim (Naresh Kumar), like the accused herein, failed who instead of succumbing to the extortionist demands of the prosecutrix opted to meet his Creator after naming her in his suicide note.
It was submitted that this not only led to her arrest in the case FIR of PS GRP Ballabhgarh, under sections 306/384/389/34 of IPC, but she having been chargesheeted as an accused after the culmination of the investigation in said FIR.
On the other hand, the Prosecution had argued that the testimony of the prosecutrix was trustworthy and inconsistent.
A case was registered at Rajinder Nagar Police Station on the Complaint filed by the complainant who alleged rape, molestation, and criminal intimidation by the accused on March 11, 2022. (ANI)
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