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Punjab and Haryana High Court: Act against prosecutrix for U-turn in rape case

Press Reporter News Service

Chandigarh, Might 30

In a major judgment liable to vary the best way complainants take a U-turn after levelling allegations of rape, the Punjab and Haryana Excessive Court docket has requested the state of Punjab to proceed in opposition to a “prosecutrix” who retracted from her criticism after showing earlier than the trial courtroom.

“In her criticism to the police, the prosecutrix had raised particular allegations of rape in opposition to three individuals. Nevertheless, whereas showing earlier than the trial courtroom, she has fully resiled from her criticism. In gentle of this, the state is directed to proceed in opposition to the prosecutrix for having lodged a false criticism in accordance with legislation,” Justice Deepak Sibal dominated.

The judgment, liable to go a good distance in stopping false implication or retraction beneath coercion or enticement, got here on a petition filed by an accused looking for anticipatory bail in a case registered in March 2020 for gang rape and legal intimidation beneath Sections 376D and 506 of the IPC moreover the provisions of the IT Act, on the B Division police station, Amritsar.

The prosecution’s case was that the prosecutrix lodged a criticism with the police {that a} girl, who used to review together with her, launched her to an individual and so they developed a pleasant relationship.

Through the course of the friendship, the prosecutrix went to the individual’s residence to run an errand for her mom, however was raped. He then clicked her obscene pictures and began blackmailing. He, relatively, took her to completely different locations and had intercourse together with her after blackmailing.

On a number of events the petitioner, who was the opposite individual’s pal, additionally raped the prosecutrix after blackmailing her. He, together with one other co-accused, additionally took obscene pictures of the prosecutrix.

Showing earlier than Justice Sibal’s Bench, petitioner’s counsel GPS Bal contended that the prosecutrix, whereas showing earlier than the trial courtroom, exonerated him. The prosecutrix deposed that the accused within the case, together with the petitioner, by no means raped her. She additionally refused to recognise the opposite two accused.

Showing earlier than the Bench, the state counsel acknowledged the truth that the prosecutrix and her dad and mom had not supported the prosecution’s case, however he opposed the grant of anticipatory bail to the petitioner on the bottom he had gang-raped her.

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