The Allahabad High Court has frowned upon the rising cases of faux complaints and misuse of authorized provisions below the Safety of Youngsters from Sexual Offences Act (POCSO) Act and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, additionally in style because the SC/ST Act, “to seize cash” from the state.
Whereas granting bail to a person accused of committing sexual offences, Justice Shekhar Kumar Yadav noticed: “…there are specific cases of false FIRs below the POCSO Act and the SC/ST Act lodged towards harmless individuals… It is vitally unlucky that these days, in most circumstances, women are utilizing it as a weapon simply to seize cash, which ought to be stopped.”
“…I feel that it’s excessive time that the state of U.P, and even the Union of India, ought to grow to be delicate to this grave situation,” the choose added.
The court docket noticed that if it was discovered that the criticism lodged by a sufferer was false, then legal proceedings below the related provisions of the Prison Process Code (CrPC) shall be initiated towards the complainant after inquiry. It was additionally directed that any monetary compensation given by the state to the complainant ought to be recovered.
The court docket, in its order dated August 10, additional urged authorities to handle this situation and make sure that real victims of sexual offences get justice.
The applicant, Ajay Yadav, had sought anticipatory bail in reference to a case crime that included allegations of offences below Sections 376 (rape), 313, 504, 506 IPC, and Part 3/4 of the POCSO Act. The alleged incident befell in Azamgarh district in 2011.
Showing on behalf of the applicant, his counsel argued that he had been falsely implicated and that the incident by no means befell as alleged within the impugned FIR. He additional highlighted sure inconsistencies within the sufferer’s statements and identified that the sufferer’s assertion below part 164 CrPC indicated a degree of “consent” to the bodily relationship.