In the said case the petitioner seeks his release on bail in case FIR No. 250/2004 under Section 376 IPC. The petitioner faces accusation of subjecting his 13-year-old daughter to sexual abuse and rape.
It is argued that contrary to her statement to the police on the basis of which FIR was registered, in her subsequent statement under Section 164 Cr.P.C. before the Metropolitan Magistrate concerned she simply complained of not being provided with proper food by the petitioner with no allegation of alleged sexual assault and rape as reflected in her previous statement to the police.
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The court observed that before reporting the matter to the police on 28th July, 2004, the prosecutrix had earlier narrated the ordeal faced by her at the hands of the petitioner to her class teacher and relatives. Of course, in her subsequent statement under Section 164 Cr.P.C, the prosecutrix omits to reiterate her allegation of sexual abuse and rape by the petitioner, her statement initially made to the police preceded by narration of traumatic experience to her class teacher and others cannot be lost sight of.
In the said case when the statement of the victim was recorded under section 164 of the Cr.P.C., she completely denied the story of gang rape and she had nowhere stated the name of the petitioner in her statement recorded under Section 164 of the Cr.P.C.. Rather, she stated that she had gone to see a temple along with co-accused Nanhaka and while they were standing near a tree, the local people caught them and pressurized the victim to lodge false case.
In the said case, the prosecutrix alleged that for some days, the accused had been beating and molesting her. On 14.06.2008, at about 2.00 am, accused committed sexual intercourse with her forcibly and left the house early in the morning. On her statement, a case was registered vide FIR No. 305/08 at the police station Mehrauli. On 26.06.2008, she gave her statement under section 164 CrPC before the Magistrate stating therein that she had given a false statement to the police. The accused had only abused and beat her. She denied that the accused had raped her. On the basis of the statement, a cancellation report was filed. After getting notice, the prosecutrix filed her objections and thereafter, the case was directed to be further investigated. During investigation, the statement of the prosecutrix was again recorded, wherein she alleged that she was raped by the accused.
It was observed that the accused has been able to raise suspicion on the veracity of this witness as in her statement which was recorded u/s 164 CrPC she has categorically stated that the accused did not commit rape but when he refused to marry, she again made complaint after a few months making similar allegations reiterating the incident in FIR No. : 305/08 U/s.: 376, her subsequent statement recorded u/s 164 CrPC.
The courts while trying an accused on the charge of rape, must deal with the case with utmost sensitivity, examining the broader probabilities of a case and not get swayed by minor contradictions or insignificant discrepancies in the evidence of witnesses which are not of a substantial character. However, even in a case of rape, the onus is always on the prosecution to prove affirmatively each ingredient of the offence it seeks to establish and such onus never shifts.
As reported, the girl retracted the charges while she was recording the statement under Section 164 of the CrPC in front of the magistrate. The victim told the magistrate that the rape never happened, denying her initial statement. This happened a day after the initial complaint was filed. Despite the denial of the rape charge by the 20-year-old victim, the police will continue with its inquiry.
The Gujarat government in response to a right to information (RTI) query refused to reveal the file notings of the recommendations by the remission committee for the premature release of 11 prisoners facing life in the 2002 Bilkis Bano gang rape case.
The Supreme Court has dismissed a review petition filed by Bilkis Yakub Rasool, the survivor of the 2002 Gujarat riots who had challenged a May order of the apex court allowing the state government to consider the remission plea of the 11 convicts, as per a 1992 policy which did not bar early release in rape and murder cases.
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