The rape victim that never was: Allahabad High Court orders probe

The Allahabad High Court recently directed the Uttar Pradesh police to register a case to probe an alleged conspiracy to implicate an accused in a rape case [Uma Shankar Yadav vs State of UP and 3 Others].

Justice Arun Kumar Singh Deshwal passed the order after an inquiry revealed that the rape victim and witnesses in the case were untraceable and even their addresses were found to be incorrect.

“The above facts shows the serious conspiracy to falsely implicate the applicant [accused] and also misuse the forum of Court just to falsely implicate the person through a non-existence complainant and witnesses. In such case, duty cast not only upon the concerned Presiding Officer but also the local counsel who file complaint and identified the complainant as well as wintesses,” the Court said.

It was hearing a petition moved by an accused for quashing of a trial court order summoning him in a complaint case involving Section 376-D (gang rape) of Indian Penal Code (IPC) and provisions of Protection of Children from Sexual Offences (POCSO) Act. 

In the present case, a complaint had been made by the victim and to prove her age, she had produced a mark sheet.

After the complainant’s statement was recorded, the trial court had summoned the accused on March 7.

However, the counsel representing one of accused made a startling claim before the High Court on May 31.

He told the Court that the complainant was a non-existing person and a forged mark sheet and Aadhaar card had been placed on record by the complainant.

The Police later confirmed it, saying that the mark sheet was forged as the roll number given in it belonged to some other student.

The Court was also told that complainant was untraceable and her address was found to be incorrect.

When the Court later asked the counsel representing the complainant to produce her, he said he was not in direct contact with her as he was engaged by a local counsel at Jalaun to argue the case.

The High Court then ordered the trial court to inquire into the matter in August. The inquiry again confirmed that the documents were forged and the complainant as well as the witnesses were not traceable.

Accordingly, the Court has now directed the Superintendent of Police to Jalaun to register a First Information Report (FIR) and after investigation, submit a report to it and take necessary action against persons involved in this forgery.

Further, the Court also directed the District Judge to probe any involvement of court staff.

“The District Judge, Jalaun is also directed to conduct enquiry regarding the involvement of any officer or any employee of the judgeship and submit his report to this Court. While investigating this case, S.P. Jalaun will also ensure to examine the signature of opposite party no.2 on the vakalatnama as well as her statement before the lower court at Jalaun as well as her signature in the vakalatnama filed in the High Court,” ordered the Court.

The reports by police and the District Judge are to be submitted by December 12, the next date of hearing.

In the meantime, the Court also stayed proceedings in the criminal case arising out of the complaint.

Advocates Aditya Narayan Shukla and Shiv Bahadur Yadav represented the accused.

Advocate Umesh Kumar Tripathi represented the complainant.

[Read Order]