Delhi court puts woman, her kin on trial for falsely implicating policemen on rape charges

A Delhi court has ordered prosecution of a woman, her husband and father-in-law for falsely charging three Haryana policemen with raping her at a police station six years ago.

Additional sessions judge Kamini Lau ordered criminal trial of the three Jahangirpuri residents, while absolving a police sub-inspector and two constables of the charges of abduction and rape of the woman.

"A complaint under Section 195 of the Code of Criminal Procedure (CrPC) is being lodged under appropriate provisions of law against the girl, her husband and her father-in-law for the commission of offence of instituting criminal proceedings against the accused who were falsely charged," Lau said while acquitting the police officers.

The court also said the entire story of rape was fabricated by the father-in-law of the woman as the policemen were investigating various criminal cases against him.

"The entire story of rape has been concocted by the father-in-law of the woman who has used her only to get back at various police officials of Haryana police investigating various criminal cases against him.

"It is an admitted case of the woman and her family members that the various criminal cases are pending against them in respect of heinous offences one of which is being investigated by Om Prakash (one of the accused) and therefore, the possibility of the present case being an outcome of that rivalry cannot be ruled out," judge Lau said.

The woman had alleged that sub-inspector Om Prakash and constables Rakesh alias Pehalwan and Tek Chand, had abducted and raped her at police station Firozpur Jhirka in Gurgaon on April 9, 2004.

She had alleged that she and her husband Nisar Ahmed were abducted from their house at Jahangirpuri here by the police team and was taken to CIA police post, Firozpur Jhirka in Gurgaon, where the trio had raped her.

She had told the court that though she was released by the police on the same day, her husband had been detained till April 16, 2004.

She had also said that on April 19, she approached Jahangirpuri police station for complaint against the said police officials but the police refused to lodge her complaint. Following this, she filed a Criminal Writ Petition before the Delhi High Court which directed the police to lodge an FIR.

The accused, however, had raised a question on the authenticity of the allegations made in the FIR.

The defence counsel also pointed out that there was a delay in registration of the FIR which the prosecution has not been able to rebut.

The court also took into account the fact that no injury marks were found on her body at the time of her medical examination.

It also pointed out at the contradictions in the statement by the woman and also took into account that she refused for internal examination.

"The girl refused to submit for her internal examination at the hospital. It appears that this was done only to suppress the truth. An adverse inference is liable to be taken against the girl for her refusal to submit for internal examination," the court said.