So, did the court take strong exception to the rape accusation, or the recantation?
Mother and Daughter trial ordered
A Delhi court today ordered criminal prosecution of a woman and her minor daughter, taking strong exception to their acts of implicating a man with rape charge and then retracting from their statements.
Additional Sessions Judge Nivedita Anil Sharma acquitted Sunil of the charge of rape under Section 376 and molestion under Section 354 of the IPC, finding no evidence against him.
The court said those who file false cases should not be spared as they abuse the process of law and waste the time of courts and the police machinery.
“Such type of litigants who without any justified reason drag the matter for several years or file false cases/FIRs should not be pardoned as it has not only caused unnecessary harrassment to the accused but also caused wastage of the time of the police,” the court said, adding they also undermined the authority of law.
The prosecution had alleged Sunil, a resident of Vikaspuri in West Delhi, raped the victim in February 2007.
She also alleged he outraged the modesty of her 13-year-old daughter.
In her statement before a Metropolitan Magistrate, she had deposed against the accused but resiled during the trial stating she had lodged the false case on pressure from her advocate.
The court ordered their trial for perjury on a plea made by Public Prosecutor Vinod Kumar Sharma who submitted that non-prosecution of complainants would set a bad example in society.