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Delhi court orders FIR against woman, her father for levelling false allegation of gang rape against in-laws
New Delhi: In an eight-year-old matter, Delhi's Tis Hazari court recently acquitted a man of the allegation of cruelty for dowry and his father and sister of the allegation of gang rape.
The court has directed the Delhi police to register an FIR against the prosecutrix and her father for levelling false allegations against the husband, his father, and his sister. This matter was registered in the year 2014 in Police Station Janak Puri. Additional Sessions Judge Aanchal on April 29 directed the SHO police station Janak Puri to register an FIR against the prosecutrix and her father and file an investigation report within three months before the concerned Magistrate.
"SHO PS Janakpuri is directed to register FIR under Section 211 IPC against the prosecutrix and her father within 24 hours of receipt of the present judgment under the intimation of this court and to file a complete investigation report preferably within three months before the concerned learned Magistrate," the Court directed in the order passed on April 29.
"Rape is a heinous crime which is required to be dealt with strictly but simultaneously false allegations qua the rape are also required to be dealt with firmly since these allegations cause huge humiliation to the accused and have the potential to isolate the concerned including his family and near ones, from society," the court observed in the judgment.
The Court acquitted Rajender Gupta and his daughter for the offences of cruelty, breach of trust, causing hurt, etc. and Gang rape. The Court also acquitted Vipul Gupta from all allegations levelled against him.
The Court said, "It is held that the prosecution has miserably failed to prove the commission of offences qua which the charge was framed against the three accused and all the three namely Rajender Gupta, Vipul Gupta and Astha Gupta are hereby acquitted. "
The Court said, "At this stage, this Court also constrained to observe that in fact the prosecution case was solely lying upon the complaint initiated by the father of the prosecutrix who is a practising advocate and thereafter on the complaint made by the prosecutrix who herself adopted the complaint filed by her father and from the evidence produced before the Court, the allegations levelled and the facts stated in these complaints are proved completely false and framed."
"The false allegations also include allegations levelled against Rajender Gupta and his daughter for the commission of the offence of Gang Rape under section 376-D IPC," it added.
The Court said, "In Indian Society, a distance more specifically in respect of sex is maintained between father and daughter as a mark of respect to each other. Unfortunately, with the allegations levelled herein, prosecutrix and her father had assaulted this relation as well."
The entire system worked believing the prosecutrix the most and valuing her statement at par that of the injured witness but prosecutrix and her father seem to have exploited even the liberal interpretation and evaluation of evidence, it added.
"Their conduct seems to be deliberate as the father of the prosecutrix had been a practising advocate and the prosecutrix had herself graduated in law with this background, this court realizes itself to be under obligation to stand for one who is comparatively less acquainted with the provisions and statute and have to face the allegations for log more than 8 years," the court observed in the judgment.
This matter pertains to an FIR against Vipul Gupta, his father Rajender Gupta and his sister. A case was registered against them by the wife Vipul Gupta under sections 498A, 406, 323, 342, and 506 Indian Penal Code. She also levelled allegations of gang rape against Rajender Gupta and his daughter. (ANI)