Supreme Court issues notice to AoR and rape accused for filing false affidavit

Murali Krishnan

The Supreme Court has issued notice to an Advocate on Record (AoR) for filing false affidavit in a rape case.

The case pertains to a rape incident which took place in the Kozhikode district of Kerala in 1996. The victim, who was fourteen years old at that time, was impregnated by the accused, Haneefa. The accused was convicted by the trial court which was affirmed by the High Court. He was sentenced to 7 years rigorous imprisonment.

In the appeal before the Supreme Court, the accused applied for compounding the offence. He submitted an affidavit purported to be sworn by the victim that he had married the victim and they were living together as husband and wife.

When the matter was heard on September 4, 2014, the victim’s statement was produced in Court. It clearly stated that neither was accused married to her or living with her nor had he provided her any maintenance money. This disputed the claims in the affidavit purported to be sworn by her and submitted to the Court by the accused.

The Court, then, directed Assistant Sessions judge, Kozhikode to submit a detailed report after examining the victim.

When the matter came up for hearing on January 20 before a Bench comprising Justice V Gopala Gowda and Justice R Banumathi, the report by the Assistant Sessions judge was submitted which affirmed that the accused had filed a false affidavit by fabricating the signature of the victim and that he had not married the victim.

The Court then proceeded to issue notice to the Advocate on Record and the accused.

It is not clear whether it is a case of the client taking the AoR for a ride by making false claims or whether this was done with the knowledge of the AoR.

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