Trying to implicate two youths in a gang-rape case has backfired on the 20-year-old complainant, as a city court not only allowed the accused to walk free, but also ordered her prosecution for the offence of perjury.
The court, which said it cannot restore the ‘lost honor’ of the accused, also noted, ‘It is very regrettable that a trend has set in nowadays where the investigating officers dance to the tunes of the rape complainant, completely throwing to winds their duties and responsibilities.’
‘This is a fit case where the prosecutrix (girl) deserves to be proceeded against for committing the offenses punishable under Section 193/196 (giving false evidence in a judicial proceeding) of the IPC,’ Additional Sessions Judge Virender Bhat said. The court ordered that copy of its judgement be sent to Delhi Police Commissioner and others in order to sensitive and train police officers to conduct probe in such cases with 'an open mind without treating the statement of the girl as gospel truth'.
Police had arrested Preetam Yadav and Manoj Kumar Yadav in November 2011, after the girl had complained that they had raped her. The court acquitted the accused saying the girl has made a false complaint of rape as no such incident took place.
‘There is absolutely no truth in the allegations of rape raised by the girl and she has manipulated a false story of rape for some ulterior motive. She was also assisted by somebody in this whole episode,’ it said.
The court also said the investigating officer of the case has not conducted a fair and proper probe. ‘What pinches more is that Investigating Officer SI Saroj Bala has not conducted a fair and proper investigation in this case. It appears she lacks basic investigation techniques and does not possess a specific skill in investigating rape cases,’ it said.
According to police, the 20-year-old girl told that she and Preetam used to talk on the phone about rented accommodations available in the area and on November 3, 2011, she got a call from him that he would show her a flat available on rent. Preetam took her to a flat where he raped her twice. Thereafter, he took her in his car to a place where Manoj was waiting, they took the car in an isolated place, where Manoj raped her too.