In an exemplary punishment recently, the Supreme Court (SC) has refused to grant relief to a girl who has filed false FIR charging two persons for raping her. The apex court was hearing her appeal against Madhya Pradesh High Court judgment that maintained the three months jail term slapped on her by the Trial Court.
The case goes like this. Two persons were arrested and charge sheeted as per her FIR and lodged in jail pending trial. But during trial, the girl went back on her charges and claimed that she has not been raped. She even denied filing any FIR.
The Trail Court then acquitted the two men, but ordered action against her for giving false evidence. She was show caused and a case of perjury registered against her as per Indian Evidence Act. The girl defended herself by stating that she was illiterate and had made a mistake without understanding the law and that the particulars of the offence has not been explained to her. The trial court however dismissed her plea and sentenced her to three months in prison.
She then moved High Court with the same plea. High Court went through records of her statement in the trial court and found that in her reply to the show cause, she has admitted to lying all along. The High Court dismissed her appeal and refused to grant any relief in the jail term handed down by the Trial Court.
While delivering judgment, the SC said in its ruling, “It was a settled position in law that so far as sexual offences are concerned, sanctity is attached to a victim’s statement and that the evidence of victim alone is sufficient for the purpose of conviction if it is found to be reliable, cogent and credible.”
The SC further observed that in the present case two persons were arrested on the basis of allegations of the petitioner and had to face trial and ‘suffered the ignominy’ of being involved in a serious offence like rape. The Court added that ‘evil of perjury’ has assumed alarming proportions and action must be taken against the girl for maliciously setting the law in motion.