Allahabad High Court orders FIR against woman for falsely accusing brother of raping her daughter

The Allahabad High Court has directed the police to register a criminal case against a woman for allegedly getting a false rape case registered against her brother by using her own daughter.

Justice Arun Kumar Singh Deshwal took note of the victim's statement before the trial court that her uncle had merely scolded her for use of a mobile phone.

"From a perusal of the statements of P.W.-1 and P.W.-2, it is clear that P.W.-2 (first informant) has lodged a false case against the applicant, and this fact has been admitted by her in her statement before the trial court. Therefore, the Senior Superintendent of Police, Meerut, is directed to register an F.I.R. against P.W.-2 (first informant) for lodging a false case against the applicant, as per Section 22 of the POCSO Act," the Court directed.

The Court passed the order on October 28 while granting bail to the accused who has been booked by Meerut police under various provisions of Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act.

The prosecution alleged that the minor's maternal uncle had repeatedly raped her. However, during the trial, both the victim and her mother failed to support the prosecution case and were declared hostile.

These facts were brought to the High Court's attention during the hearing of the accused's bail application.

Counsel for the accused submitted that, in her testimony before the trial court, the minor girl had stated that her uncle had merely scolded her for mobile phone usage, which prompted her to make the false allegation against him.

The Court also took note of the victim's mother's (the complainant) testimony before the trial court.

She had stated that she lodged the FIR under pressure from a neighbour, adding that her daughter had never told her about any sexual assault and that the police had incorrectly recorded her statement.

Seeking bail, the Court was also told the accused has been languishing in jail since long. The State opposed the bail plea but could not dispute the facts on record.

Taking note of the statements before the trial court indicating that a false case had been lodged against the accused, the Court granted him bail.

Advocate Syed Shahnawaz Shah appeared for the accused.

Additional Government Advocate (AGA) Bhupendra Pal Singh represented the State of Uttar Pradesh.