A person falsely implicated in a rape case should be given compensation and either the court should be empowered to do so or the Centre should bring some amendment in the lawin this regard, a Delhi court has said.
Additional Sessions Judge Virender Bhat also said that the court could also be empowered to direct the state or the prosecutrix to compensate the person acquitted of the rape charge.
"I may note that there is a dire need for provision to be made in the Code of Criminal Procedure (CrPC) to enable the court to direct either the state or the prosecutrix to compensate the persons acquitted of the false rape charges.
"In cases, where the court comes to conclusion that the accused had been implicated on totally false and baseless charges, the accused, in fact, is the victim and deserves to be compensated...Caused to him in facing arrest, imprisonment and the ordeal of criminal trial," the judge said.
"A copy of this judgment be sent to Secretary, Department of Law, Government of India and the Chairman, Law Commission of India for their perusal and consideration," he said.
The court's observation came while hearing a rape case lodged by a married woman in March 2013, which later turned out to be false on the ground that "she was having voluntary liaison with the accused and her husband pressurised her to lodge a complaint of rape, when he came to know about their affair".
Meanwhile, the court also ordered a separate trial of the woman for giving a false evidence before it.
"I find it expedient to proceed against the prosecutrix under section 344 CrPC for giving false evidence before this court, which is being done by way of a separate order," the court said.
The judge said, "At present, I do not find any provision in the CrPC or any other law in force for the time being, empowering the court to grant compensation to the accused acquitted of the false criminal charges.
"Hence, I consider that state should either amend Section 357 (order to pay compensation) of CrPC or add a fresh section in the Code empowering the courts to grant compensation to the accused in such like cases.
Original NEWS Source:- http://www.business-standard.com/article/pti-stories/man-falsely-implicated-in-rape-case-be-compensated-says-court-114011501095_1.html
Additional Sessions Judge Virender Bhat also said that the court could also be empowered to direct the state or the prosecutrix to compensate the person acquitted of the rape charge.
"I may note that there is a dire need for provision to be made in the Code of Criminal Procedure (CrPC) to enable the court to direct either the state or the prosecutrix to compensate the persons acquitted of the false rape charges.
"In cases, where the court comes to conclusion that the accused had been implicated on totally false and baseless charges, the accused, in fact, is the victim and deserves to be compensated...Caused to him in facing arrest, imprisonment and the ordeal of criminal trial," the judge said.
"A copy of this judgment be sent to Secretary, Department of Law, Government of India and the Chairman, Law Commission of India for their perusal and consideration," he said.
The court's observation came while hearing a rape case lodged by a married woman in March 2013, which later turned out to be false on the ground that "she was having voluntary liaison with the accused and her husband pressurised her to lodge a complaint of rape, when he came to know about their affair".
Meanwhile, the court also ordered a separate trial of the woman for giving a false evidence before it.
"I find it expedient to proceed against the prosecutrix under section 344 CrPC for giving false evidence before this court, which is being done by way of a separate order," the court said.
The judge said, "At present, I do not find any provision in the CrPC or any other law in force for the time being, empowering the court to grant compensation to the accused acquitted of the false criminal charges.
"Hence, I consider that state should either amend Section 357 (order to pay compensation) of CrPC or add a fresh section in the Code empowering the courts to grant compensation to the accused in such like cases.
Original NEWS Source:- http://www.business-standard.com/article/pti-stories/man-falsely-implicated-in-rape-case-be-compensated-says-court-114011501095_1.html
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