The Judicial Magistrate First Class at Satara ordered Maharashtra police to register a complaint against a woman for lodging false rape complaint against two men and for giving a false statement to the Magistrate in furtherance of the complaint.
Case of the Complaint
The woman had lodged an FIR under Section 376 (d) under the Indian Penal Code against two men for allegedly raping her under the pretext of giving her a job.
Case of the Prosecution
On investigation the police found out that one of the accused was not even in India. They also found out that the vehicle in which the woman was allegedly raped was not in the possession of either of the accused.
It was stated in the investigation officer in the B- summary report which was submitted before the Magistrate. The woman however opposed the B-summary report by filing a protest petition.
Observation of the Court
After taking into account the report and the grounds of petition, the Magistrate accepted the B- summary report. The Court further noted that:
“the informant of said crime has given false FIR at the police station as well as false statement on oath under Section 164 of the Criminal Procedure Code in Court of Justice. The informant has given statement on oath under Section 164 of the Code of Criminal Procedure in the Court of Judicial Magistrate First Class inspite of knowledge that the FIR lodged by her is false.”
The Court of the Assistant Superintendent of Civil and Criminal Court at Wai in Maharashtra to file a written complaint against the woman for offences punishable under Section 193, 194, 199, 200 and 211 of the IPC.
Case details
Before: Bombay High Court
Case Title: Manish v. State of Maharashtra
Coram: Judicial Class First Magistrate V.N. Girwalkar
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