Prosecutrix Must Refund State Compensation in False Rape Case: Madhya Pradesh High Court
The Madhya Pradesh High Court recently directed a trial court to order the prosecutrix in a rape case to refund the compensation she received from the state government. This decision came after she admitted to filing a false report against the accused.
In this case, the accused, Bablesh Patel, faced charges under Section 376, 376(2)(N), 506 IPC, Sections 3, 4, 5J(ii), 5L of the POCSO Act, and Sections 3(1)(w)(II), 3(1)(w)(II), 3(II)(V) of the SC/ST Act.
Patel’s defense highlighted that the prosecutrix had turned hostile during the trial and did not support the prosecution’s story. Additionally, her grandmother and uncle also turned hostile. Patel argued that there was no influence on the prosecutrix, and all key witnesses had been examined. He requested bail, stating that the trial would take time to conclude.
Justice Vivek Agarwal, while deciding on the bail application, observed, “The trial court will consider issuing a direction against the prosecutrix to refund the amount received by her because she admitted in her examination that she filed a false report due to an oral dispute. Since the report was false, she is not entitled to keep the state compensation paid from taxpayers’ money. The trial court will consider directing the prosecutrix to refund that amount to the appropriate treasury account.”
With these observations, the court granted bail to the accused.
Case Title: Bablesh Patel v. The State of Madhya Pradesh
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