PHULBANI: A fast track court of Kandhamal has ordered that 21-year-old victim of an alleged gang rape case of the district be prosecuted for giving false evidence after she backtracked from her allegations during the trial stage.
The Adhoc Special Judge of POCSO Court directed that the victim, also complainant in the case, be dealt under section 193 of the Indian Penal Code (IPC). The penal provision stands for punishment for false evidence. The order was passed on Wednesday.
As per records of the case which was reported in May 2020, the victim had stated that she was visiting her relative’s house in a village under Phulbani Sadar police limits where she was allegedly gang raped by four youths.
After four days of the incident, she lodged an FIR against the accused persons at Sadar Police Station.
Police swung into action and arrested all four accused within three days and produced them before the court. As part of the investigation, statement of the victim was recorded by police as well by a judicial magistrate under section 164 of Criminal Procedure Code wherein she had implicated the accused persons for the alleged crime following which charge sheet was submitted against them for committing gang rape.
However, during trial, the victim backtracked and did not support the case which she ought to prove. She also categorically denied about the statements which she had given before the police and judicial magistrate.
With the victim denying the incident, judge Bhaskar Chandra Sahu acquitted the accused of the charges of gang rape. It also directed to stay compensation payment till proceedings under section 193 of IPC is complete.
In its order, the court stated that on the basis of the FIR, investigation took place by police and charge sheet was submitted.
The 21-year-old victim appeared before learned judicial magistrate and corroborated the FIR story under Section 164 of CrPC. Statements of several witnesses were recorded under section 161 of CrPC which fully supported the prosecution story.
During trial, she did not support her statements. "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 u/s193 IPC. Be it dealt separately as per rule," the court observed.
Since she failed to state that she has been subjected to rape, the court observed she is not entitled to get victim compensation.
It ordered payment of the victim be stayed till disposal of proceedings under section 193 of IPC initiated against her for giving false evidence where after the District Legal Services Authority, Phulbani shall decide entitlement of the victim as per law. The court observed that the case be a true case but there is no clue.
What Section 193 of IPC says
Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.