The Madhya Pradesh High Court ordered the Trial Court to direct the minor girl to refund the amount of compensation received from the State government after she admitted in her examination in chief that she has lodged false report of rape against the applicant man over a dispute.
The high court directed the “Trial court to consider issuance of a direction against the prosecutrix to refund the amount received by her because she admitted in her examination in chief that she has lodged false report on account of some oral dispute between the parties”, the court order said.
“Therefore, alleged false report is lodged, therefore she is not entitled to keep the amount of compensation paid by theState government collected from the tax payer of the country”, the court order said.
Thus, trial court will consider to direct the prosecutrix to refund that amount in the appropriate head of the treasury account, the court order said.
The court issued the direction during hearing of a bail application of the accused.
The applicant’s counsel submitted the prosecutrix was examined before the trial court on 23/03/2022, the court order said.
She has turned hostile and has not supported the prosecution story. So also maternal grandmother and maternal uncle have turned hostile. They have not supported the prosecution story, the court order said.
There is no chance of prosecutrix being influenced and material prosecution witnesses have already been examined, the court order said.
The applicant is in custody since 03/11/2021. Trial will take time to conclude. Therefore, applicant be enlarged on bail.
The accused Bablesh Patel filed second bail application in connection with Crime No.28/2021 under Sections 376, 376(2)(N), 506 of IPC and section 3,4,5J(ii), 5L POCSO Act and section 3(1)(w)(II), 3(1)(w)(II), 3(II)(V) of SC/ST Act registered at police station Mahila Thana, District Sagar.
The applicant is in custody since 03/11/2021.
Trial will take time to conclude, therefore, applicant be enlarged on bail, the counsel submitted.
Justice Vivek Agrawal observed taking into consideration submissions of learned counsel for the parties and the fact that prosecutrix is already examined, she (minor girl) has not supported the prosecution story and applicant is in custody since 03/11/2021, the court order said.
Hence without commenting anything on merits of the case, this bail application is allowed, the court order said.
It is directed that the applicant be releases on bail on his furnishing a personal bond of Rs. 50000 with two solvent sureties in the like amount to the satisfaction of the learned Trial Court, the court order said.
