New Delhi, Jul 16 (UNI) Taking serious view of filing of false rape cases, the Supreme Court has sentenced a woman to three months simple imprisonment.
A bench comprising Justices Arijit Pasayat and P Sathasivam, while upholding the order of the trial court and the Madhya Pradesh High Court, noted, ''The evil of purjury has assumed alarming proportions in cases depending on oral evidence and in order to deal with the menace effectively, it is desirable for the court to use the provision more effectively and frequently than its presently done.'' ''In the case at hand, the court has rightly taken action and we find nothing infirm in the order of the trial court and the High Court to warrant interference. The special leave petition is accordingly dismissed,'' it added.
Vinod Kumari had filed a complaint at police station Pichhore in Madhya Pradesh that on January 28, 1993 she was subjected to gangrape by two persons.
The accused were arrested but later acquitted by the trial court on November 28, 2001 when the complainant Vinod Kumari resiled from her earlier statement and stated in the court that she was not raped.
She also denied the fact of lodging an FIR.
The trial court however, initiated proceedings against her under Section 344 of the CrPC for tendering false evidence by fabricating the same.
Ms Kumari also said that being an illiterate lady, she had committed the mistake and prayed for pardon.
The trial court, however, convicted her for lodging false report of rape and sentenced her to three months of imprisonment. The High Court dismissed her appeal.
The apex court in its judgement also noted, ''It is settled position in law that so far as sexual offences are concerned, sanctity is attached to the statement of a victim.'' ''This court has in several cases held that the evidence of prosecutrix alone is sufficient for the purpose of conviction if it is found to be reliable, cogant and credible,'' the bench said.
''In the present case on the basis of the allegation made by the petitioner, two persons were arrested and had to face trial and suffered the ignominy of being involved in a serious offence like rape. Their acquittal may to a certain extent have washed away the stigma but this is not enough,'' it added.
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