JAGMOHINI Vs. STATE

JUDGEMENT

(1.) This appeal under Section 372 of the Code of Criminal Procedure against an order of acquittal for offences under Sections 452/342/376 (2) (g) /377/511/506/34 IPC by a victim brings to the fore a classic case where false allegations of rape and attempt to carnal intercourse against the order of nature have been levelled by a lady to settle a personal score with her neighbour without caring for the disrepute it brings to a lady and the harassment a person is put to because of all such serious allegations. Such case when is included in the rapes allegedly committed in this capital brings shame to the city as also to the residents who have to hear of this city being termed as the rape capital of the country. There are numerous cases filed in this Court for quashing the FIRs for an offence under Section 376 IPC; the story put forth in some of these cases is so illogical and a blatant lie that the society will have to ponder as to what should be the moral punishment to the lady indulging in a false accusation of this nature.

(2.) Respondent Puran Chand Kaushal who is alleged to have caught hold of the hands of the prosecutrix (a young lady of 38 years weighing about 100 kg.) to facilitate his co-accused in raping her, was aged 62 years at the time of alleged incident (and over 68 years now). He had happily retired from his service with the Govt. of India. Respondent Onkar Nath Tiwari was working as a Customs Officers in Government of India and was in mid 50s. Both of them remained in prison; Onkar Nath Tiwari for 27 months and Puran Chand Kaushal for almost 2 months before their applications for grant of bail were allowed by this court.

(3.) Facts of the case as noted by the trial court are extracted from Para 2 of the impugned judgment hereunder:-