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'Compensate Rape Accused Acquitted After 20 Yrs': BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases

Sparsh Upadhyay
14 March 2021 8:09 AM GMT
BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases

Bhartiya Janata Party leader Kapil Mishra has moved Supreme Court by way of filing a Public Interest Litigation (PIL) seeking 'adequate compensation' for Vishnu Tiwari, a rape accused, who was recently acquitted by Allahabad High Court after spending 20 years In Jail.

Mishra's plea, which has been filed through Advocate Ashwani Kumar Dubey, has also sought directions to the Centre to frame guidelines, make a mechanism to take strict action and prosecute the fake complainants and pay adequate compensation to the victims of wrongful prosecutions.

Importantly, the plea states,

"The law is being misused and abused by filing fake and malicious complaints and no action is taken against the culprit in the absence of effective statutory/legal scheme for providing mandatory compensatory relief and to prosecute the fake complainants pertaining to the Special Acts viz-a-viz, Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, fake sexual assault cases as well as to provide the monetary benefits to the victims of wrongful malicious prosecutions and incarceration of innocents and the same infringes the fundamental rights guaranteed under Article 14 and 21 of the constitution."

To drive home the point, the plea has referred to the case of Vishnu Tiwari, who was wrongfully imprisoned for 20 years on the allegations of rape and provisions of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 and spent 20 years of his life in Jail.

Vishnu Tiwari Case

The Allahabad High Court recently acquitted a Rape Accused, who suffered 20 years of incarceration in connection with a false rape case filed against him by a woman owing to an alleged land dispute.

A Division Bench of Justices Dr. Kaushal Jayendra Thaker and Gautam Chowdhary while passing the order for the release of one Vishnu, set aside the conviction order passed by a Trial Court in 2003, under Sections 376 and 506 of IPC and Section 3(2)(v) read with Section 3(1)(xii) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It held,

"We are unable to convince ourselves with the submission made by learned AGA for State that she has been a victim of atrocity as well rape and, therefore, the accused should not be leniently dealt with."

The Court further opined that the sole testimony of a prosecutrix, if reliable, is sufficient to convict the accused. However, in the instant case, it observed that the testimony of the prosecutrix cannot be said to be that of a sterling witness and does not inspires the Court's confidence.

Mishra's Plea

The plea also demands that a mechanism should be put in place for speedy disposal of the cases pertaining to the under-trial prisoners, who are prosecuted in special acts and that, guidelines be framed for the under-trial prisoners to decide their cases in a time-bound manner.

The plea also seeks framing of rules to release the poor persons who are the victim of malicious and vague prosecution who are facing the jail in the absence of not furnishing the adequate sureties/bonds.

Further, stating that there has been a spurt in false cases, the Plea states that,

"Wrongful prosecution and incarceration of innocent persons with no effective statutory and legal mechanism available to the innocent persons to address the same, is causing 'miscarriage of justice' and has created a Black-Hole in the criminal jurisprudence of our Country"

The plea has also highlighted that false cases led to suicides of innocents who are victims of police and prosecutorial misconduct, who lose hope and lives of their families destroyed after years of delayed trials.

"The State is responsible for the tortuous acts of its employees and must repair the damage done to citizens by its officers, by adequate monetary and non-monetary compensation", the plea states.
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