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Allahabad HC Reprimands Gang-Rape Victim's Mother For False Affidavit Alleging Detention Of Daughter By Local Police [Read Order]

Mehal Jain

22 Oct 2020 2:21 PM GMT

    • Allahabad HC Reprimands Gang-Rape Victims Mother For False Affidavit Alleging Detention Of Daughter By Local Police [Read Order]

    The Allahabad High Court on Wednesday reprimanded the mother of a gang-rape for falsely alleging the detention of her daughter by the local police.The bench of Justices Shashi Kant Gupta and Pankaj Bhatia had on Tuesday taken cognisance of the alleged detention of the gang-rape victim in a police station, purportedly from a day after the court had pulled up the state police for lodging the...

    The Allahabad High Court on Wednesday reprimanded the mother of a gang-rape for falsely alleging the detention of her daughter by the local police.

    The bench of Justices Shashi Kant Gupta and Pankaj Bhatia had on Tuesday taken cognisance of the alleged detention of the gang-rape victim in a police station, purportedly from a day after the court had pulled up the state police for lodging the FIR only after three months of the incident, and that too only upon the Court's intervention. 
    "Today, a personal affidavit has also been filed by Smt. Kunti, mother of the girl (victim), wherein she has stated that the girl in question (victim) has been detained in the police station by the police authorities since 16.10.2020. It is further stated that the police is not permitting the family members of the petitioner to meet the girl (victim)", the division bench had noted on Tuesday. The bench had directed the police to produce the girl before the court on Wednesday. The bench had also ordered the SSP, Pyagraj, the present SHO of the concerned police station and the erstwhile SHO, who is now under suspension, to appear before the Court on Wednesday at 10 AM. It may be noted that a day before 16.10.2020, on October 15, the said police authorities had invited the wrath of the court for having forced the petitioner-victim to run from pillar to post to get registered the FIR for gang-rape.

    On Wednesday, the girl (alleged victim/petitioner) was produced before the Court and on a specific query made by the Court, she had categorically stated that she was never detained by the Police Authority, as such, the affidavit filed by the mother of the victim girl appeared to be false to the bench. "As such, the affidavit filed by the mother of the victim girl appears to be false. The mother of the girl (victim) appears to be a poor, illiterate, helpless villager, as such, we do not propose to proceed against her for filing a false affidavit but we warn her against recurrence of similar conduct in future", observed the bench on Wednesday.

    The bench directed the SSP, Prayagraj to provide proper protection to the victim girl as well as her family members, also ordering him to ensure that the investigation in the matter be concluded expeditiously in accordance with law.

    However, the bench expressed its disappointment at the failure of the erstwhile SHO, on a specific query as to why he did not register the FIR for gang-rape promptly despite specific direction given by the S.S.P., Prayagraj, to offer any explanation.

    "Such gross negligence and laxity on the part of the Police Department is highly deprecated and such gross negligence, and if we may say so 'callousness', is unbecoming of the conduct of a responsible officer entrusted with the obligation of performing the duties of a Public Office", observed the Allahabad High Court on Wednesday, in context of the FIR for gang-rape having been lodged after more than three months of the incident, and that too after the Court's intervention.

    "Strict action is required to be taken against such persons in accordance with law", said the bench.

    The bench directed the SSP to ensure that the F.I.Rs. be registered promptly, particularly when the matters relates to women and children, and that strict action be taken against the erring Officials, if any laches or laxity is found on their part.

    Click Here To Download Order

    [Read Order]



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    Allahabad HCRapeGang RapeFalse AffidavitUP Police
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