Mumbai : Judicial magistrate First Class of Wai, while accepting the B report in a alleged rape case, passed an order to file case of perjury against the informant woman for knowingly filing false rape case.
The Case
In January 2020, the informant lodged the FIR against against Manish and Bhisham alleging that both has committed rape on her person under promise to give her job as receptionist in Hotel.
It is alleged in FIR that, in July 2019, these accused had committed rape on her person at an isolated place on Wai to Panchgani road in a vehicle.
It was further alleged that, one person Ravindra had taken photo of the alleged incident from his mobile.
In the Investigation
The IO in the case, Assistant Police Inspector, A. D. Kamble revealed that,
- Manish was in foreign country on the date of alleged incident.
- Bhisham was also out of station
- The vehicle used for the alleged incident, was sold a year before of the alleged incident.
Based on the material collected by the I.O., filed B report.
“On the basis of material collected in investigation, I.O. come to a conclusion that FIR lodged by informant is false and maliciously false and therefore, he has filed B summary report in Court.”
The Court
The Court accepted the B report on the grounds that,
-Intelligence Bureau, Ministry of Home Affairs, Govt. of India reveals that on the date of alleged incident, present applicant was in abroad.
-CDR of the mobile phone of Manish and Bhisham revealed that they were not present at the alleged place of incident.
-the vehicle used in the alleged incident was sold earlier and was in possession of the owner.
“I came to the conclusion that during investigation of above said crime, I.O. has touched all material aspects of investigation of this Crime and therefore, I have accepted the B summary report.”
The court opined that, informant has lodged false FIR with intent to cause injury to the accused in the case.
The Court directed to file case against Ruchika Pradeep Meher (informant in the case).
“S. D. Dhekane, Assistant Superintendent of Civil and Criminal Court, Wai is authorised and directed to file a Written Complaint against the respondent No. 2 Ruchika Pradeep Meher as per Section 195(1)(b)(i) of Code of Criminal Procedure for the offences punishable under Section 193, 194, 199, 200 and 211 of the Indian Penal Code.”
