Court orders FIR against those who filed false rape case, man gets bail after 3 weeks in jail
Written by D K Rituraj | New Delhi | January 23, 2014 04:21
A city court on Wednesday granted bail to a man accused of rape by his ex-girlfriend. The court also ordered police to register an FIR against those responsible for filing a false case.
The court’s order came after the man spent three weeks in Tihar jail. The 25-year-old woman had complained to police that Vivek had established physical relations with her for the last four years after promising marriage. However, he allegedly did not keep his promise and planned to marry another woman. She had registered a complaint against him on January 2 and police had arrested him on January 3.
The man had applied for bail on Monday on the grounds that the woman had registered a false case against him out of spite. On Wednesday, the woman submitted an affidavit before the court stating that her allegations against him were false. She further claimed that she had been “misguided” by an NGO and her lawyer into pressing rape charges.
Additional Sessions Judge Dharmesh Sharma released the man on bail, but insisted on taking action against those responsible for wasting the court’s time. The judge asked police to lodge an FIR under Section 211 IPC, which criminalises any person filing false charges.
“In view of the affidavit filed by the prosecutrix, SHO PS R K Puram is directed to lodge an FIR and take appropriate action as per law,” Judge Sharma said.
Section 211 in The Indian Penal Code, 1860
211. False charge of offence made with intent to injure.-- Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death 1[ imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.