The Allahabad High Court has expressed concern over the increasing number of fake complaints and misuse of legal provisions within the Protection of Children from Sexual Offences Act (POCSO) and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The court highlighted that such misuse is primarily being done “to grab money” from the state.
In a recent case where a man was seeking anticipatory bail for allegations including rape and offences under various sections of the Indian Penal Code and the POCSO Act, Justice Shekhar Kumar Yadav granted bail and observed that false FIRs are being filed against innocent individuals under the aforementioned acts. He pointed out that this trend, particularly where women are using these provisions to gain financial advantages, needs to be curbed.
The incident in question occurred in Azamgarh district of Uttar Pradesh in 2011. The judge’s order, dated August 10, emphasized the need for the state and even the Union of India to address this serious issue sensitively.
The court further mentioned that if a complaint is proven to be false, appropriate criminal proceedings under the Criminal Procedure Code will be initiated against the complainant after an inquiry. The judge also ordered that any financial compensation given by the state to the complainant should be recovered if the complaint is found to lack merit. Additionally, the court called on authorities to take action to ensure genuine victims of sexual offences receive proper justice.
Representing the accused, the applicant’s counsel argued that the accusations were baseless and highlighted inconsistencies in the victim’s statements. The counsel pointed out that the victim’s statement under Section 164 of the CrPC suggested a level of “consent” to the alleged physical relationship.
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