A special court imposed a fine of Rs. 5,000 on the mother of a minor ‘rape’ victim, the complainant in the case, for filing an affidavit before it stating that she does not want to proceed with the case anymore. The 25-year-old that she had accused of raping her daughter in 2019, has spent over two years in prison.
The court designated under the Protection of Children from Sexual Offences Act (POCSO) said that it is of the view that she has misused her right to take legal recourse as the informant, after filing an FIR with such grave allegations, is filing an affidavit giving no objection to grant bail to the accused. While it granted him bail, it imposed a cost on her of Rs. 5,000 to be paid to the Police Welfare Fund, only after payment of which, the bail order will come to effect.
The accused had contended while seeking bail that it was a case of love affair and the case was filed after the girl’s father had come across their messages on Whatsapp.
The mother as well as the victim had said in their affidavit that they did not have any objection to the man getting bail. The court also noted in its order to this second bail application that the initial part of the FIR suggested that the victim and the applicant were very close to each other. It said, referring to the affidavit filed by mother and daughter, that there is no need to keep him behind bars for no purpose.
His earlier bail plea was rejected in January last year. In its order then the court had relied on the victim’s statement to the police and said there were serious allegations against the youth and that at that juncture, it was not fit case to grant bail.
As per the complaint filed in Kurar police station, the youth had requested the victim, then over 15 yr-old girl, to come to his home and then forced himself on her.
