Mitali Palnitkar
Published On: December 26, 2021 at 13:31 IST
A 21-year-old Victim will be prosecuted for giving false evidence in an alleged Gang Rape case by the Fast Track Court of Kandhamal. In the Trail stage, the Victim backtracked from her Allegations.
The Victim shall be dealt under Section 193 of the Indian Penal Code (IPC) directed the Adhoc Special Judge of POCSO (Protection of Children from Sexual Offences) Court. Under Section 193 of IPC, a punishment for giving false evidence is given. The Punishment is of imprisonment for a term which may extend to seven years and fine shall also be paid.
The case was reported in May 2020 when Victim alleged that, while she was visiting her relative’s place, four youths Raped her. Victim lodged an FIR against the Accused four days after the incident at Sardar Police Station.
The police Arrested the Accused within three days. Under Section 164 of the Criminal Procedure Code (CrPC), the Victim’s statement was recorded by the Police and the Judicial Magistrate. A charge sheet was submitted against the Accused.
During the Trial, the Victim backtracked from her Allegations and denied about the statements given by her in front of the Police and the Judicial Magistrate.
After the denial of the incident by the Victim, the Judge, Bhaskar Chandra Sahu acquitted the Accused of the charges of Gang Rape.
The Court stated, “Prima facie it is found that the victim suppressed the truth of her own allegation though she is legally bound to state truth. She deposed falsehood intentionally. She needs to be prosecuted under Section 193 IPC. Be it dealt separately as per rule.”
The Court also stated that the Victim is not entitled to get the compensation as she failed to prove or state that she was subjected to Rape. The payment of Victim is stayed till the disposal of proceedings under Section 193 of IPC initiated against the Victim. The entitlement of the Victim shall be decided by the District Legal Services Authority, Phulabani as per Law.
