New Delhi, Oct 26 The Delhi High Court has flagged the “total disinterest” shown by police in taking action against a POCSO case survivor for “blatantly lying” in the trial court and remarked that although the investigating and prosecuting agencies always blame hostile witnesses for acquittals, they never take action.
Justice Girish Kathpalia, while granting bail to the accused in the instant case, noted that the prosecutrix “flatly denied” the alleged incident of rape in the trial court and even deposed that she never appeared before any judge for recording her statement, which was a “blatant lie” and contrary to the record.
According to the FIR, the accused, 37, allegedly repeatedly raped his 16-year-old neighbour. He sought bail on the grounds that the minor had turned completely hostile to the prosecution case and said that nothing at all happened to her.
In the order passed on October 16, the court observed that it was not a case where the prosecutrix had claimed to be in a consensual relationship, and she had “flatly denied the alleged incident in its entirety” in her testimony before the trial court.
“Not only this, the prosecutrix even deposed before the trial court that she had never appeared before any judge for recording her statement, which is a blatant lie,” the court said.
“It is not just the testimony of the prosecutrix being a blatant lie and hostile to prosecution, but also the total disinterest exhibited by prosecution to take appropriate action, which at this stage would convey to this court that the entire prosecution case was prima facie false and the accused/ applicant suffered illegal confinement in custody…
Despite such apparent perjury, the IO (investigating officer) opted not to take any action against the prosecutrix,” added the court.
The court recorded that although the prosecution had earlier said that the State was contemplating legal action against the prosecutrix under Section 217 (false information to a public servant ) of Bharatiya Nyaya Sanhita (BNS), no action was ultimately taken.
The court asserted that a criminal trial’s object is to “arrive at the truth” on the basis of evidence, and while the criminal justice system is often criticised for low rate of convictions, especially in POCSO Act cases, no action is ever taken against hostile witnesses.
“The investigating and the prosecuting arms of the criminal justice system always blame the witnesses for having turned hostile during trials, leading to the acquittals. But in none of those cases is any action ever taken by them,” it said.
The court clarified that its observations should not be read by the trial court to the prejudice of the prosecution side while arriving at final decision at the conclusion of the proceedings.
(PTI News)
