Cal HC orders enquiry against mother-daughter duo for falsely implicating accused in POCSO case

Kolkata: Observing that poverty cannot be a ground for lodging false complaints against innocent persons, the Calcutta High Court has directed the POCSCO court, Murshidabad to initiate an enquiry into a “false rape complaint” by a mother-daughter duo which led to the imprisonment of three men for a year.

The Division Bench of Justice Arijit Banerjee and Justice Apurba Sinha Roy was hearing a bail application of the three petitioners concerned during when the de-facto complainant, the mother of the victim, through her counsel, submitted that she lodged complaint against the petitioners on false allegations of rape upon her daughter and at the time of recording statements under Section 164 CrPC. Her daughter falsely implicated the petitioners under political pressure.

The court issued a suo motu Rule calling upon the alleged minor daughter and the mother to show cause as to why necessary legal proceeding shall not be initiated against them. The mother, in her response, tendered unconditional apology and stated that she was compelled to do so due to “tremendous pressure of the local political leaders” who promised her family will be further included in many other government social schemes from where they would get more grants if she lodges the complaints against the petitioners who switched from the ruling party to opposition party before 2024 Lok Sabha polls. She said she did so because her husband is bedridden and the family is dependent on meagre income.

The petitioners submitted that the daughter (victim) was not a minor but a lady who contracted at least two marriages and also got divorced twice. The court observed that the facts prima facie showed that the police case was initiated based on false allegations and further there is a genuine doubt regarding the minority of the alleged victim.

The court directed the judge of the Special POSCO Court, Berhampore to make a discreet enquiry (at the time of conclusion of the trial) in respect of the act of the mother-daughter duo in making false complaint and also recording of false statement under Section 164 of Cr.P.C. If the judge finds the duo responsible for fabrication of false evidence, then a complaint is to be lodged before the competent Court of Magistrate for initiating a criminal proceeding against them.