Allahabad High Court orders probe after noting gang rape case was closed based on imposter-victim's affidavit

The Allahabad High Court Tuesday directed the Uttar Pradesh Police to lodge a criminal case on a gang rape victim's complaint that the accused in the gang rape case filed by her had managed to close the probe by resorting to forgery before the trial court..Justice Saurabh Shyam Shamshery noted that the accused had put up an imposter-woman in place of the rape victim along with a forged photograph and thumb impression on affidavit, stating that she did not have any objection in closing the case. The Court observed that a serious offence was committed before the trial court and thus a thorough police investigation was required in the matter.“They have imposted a woman declaring her to be the applicant and not only put a forged photograph but her thumb impression also and such an affidavit was filed before Court. Therefore, from the facts as narrated in complaint, it is indicated that proposed accused have committed serious offence that they have allegedly tried to mislead the Court by putting forged documents,” the High Court said.Therefore, it set aside the Chief Judicial Magistrate Moradabad's decision to consider the victim’s application under Section 156(3) for registration of First Information Report (FIR) against the accused as a complaint case instead of a police probe. .The victim had filed a gang rape case against the accused in 2021. The police later filed a closure report in the matter and the same was accepted by the trial court in 2022. However, the victim moved then moved a complaint for FIR alleging that no notice was issued to her on the final report and that the accused persons had presented an imposter before the trial court and “filed an affidavit putting her forged thumb impression along with forged photograph” to submit that she did not want to file any protest application.Her counsel told the High Court that acceptance of the final report in the gang rape case has been challenged by way of criminal revision and was currently pending before the trial court.With regard to prayer for FIR into the alleged forgery, it was contended that it was fit case for investigation by the police. However, the State and the accused in the forgery case said no interference was called for..The Court agreed with the victim’s counsel and said police ought to have lodged an FIR since the matter involved a cognizable offence.“Trial Court has not appreciated contents of complaint in its correct perspective and failed to consider that contents of complaint and allegation show prima facie that a serious offence has been committed by proposed accused persons that they have allegedly committed a forgery and prepared a forged affidavit which was filed before the Court. As such, bare facts indicate that it requires police investigation and for that learned Magistrate does not require to wait till stage of 202 Cr.P.C. and it ought to have been exercised his discretion to direct for police investigation,” it said..Thus, the Court directed the police to register an FIR on the basis of the victim’s complaint and proceed with further investigation in accordance with law.Advocate Arvind Prabodh Dubey and Naushad Alam represented the victim.Advocate Mithilesh Kumar represented the State.Advocates Sheshadri Trivedi, Mukesh Tiwari and Chandra Pal Singh represented the other respondents.