The Madhya Pradesh High Court recently directed a trial court to issue an order requiring a woman (prosecutrix) in a rape case to refund the compensation she had received from the state government. The direction came after the woman admitted in her statement that she had filed a false report against the accused.
The accused in the case faced charges under multiple sections of the Indian Penal Code (IPC), including Sections 376 and 506, provisions of the POCSO Act, and the SC/ST Act. During the trial, the prosecutrix, along with her grandmother and uncle, turned hostile and did not support the prosecution’s claims.
The accused submitted before the court that there was no possibility of the prosecutrix being influenced, and most material witnesses had already been examined. He argued that since the trial would take time to conclude, he should be granted bail.
While deciding on the bail application, Justice Vivek Agarwal noted that the prosecutrix had admitted during her examination-in-chief that the report was false and was filed due to a verbal dispute between the parties.
The court remarked:
“The trial court will consider issuing a direction for the prosecutrix to refund the compensation received from the state. She admitted that she filed a false report, making her ineligible to retain the compensation paid by the state, funded by taxpayers.”
The court emphasized that such misuse of legal provisions burdens the judicial system and public resources. With these observations, the High Court granted bail to the accused.
Case Details:
Title: Bablesh Patel v. The State of Madhya Pradesh
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
