By Astha Bhumish Shah 

The Rajasthan High Court has granted bail to an accused charged for rape under IPC and the POCSO Acts based primarily on the representation made by the prosecutrix to the Superintendent of the Police wherein it was revealed that the rape case was merely a fact created by her to tarnish her own image so that her husband abandons her. After the prosecutrix’s statement was recorded under Section 161 CrPC, she and her parents filed a representation with the Superintendent of Police. They revealed that the prosecutrix wanted to end her marriage due to certain disputes. To achieve this, the family decided to voluntarily malign the prosecutrix’s image by filing a false rape case, hoping this would compel her husband to leave her, thus avoiding any social responsibility or financial obligations to him for the failed marriage. It was observed by the Court that no other evidence existed against the applicant except for a delayed test identification parade. Based on the same, the Court said that the applicant had substantial grounds available to question the case of the prosecution and hence the bail application was approved with certain conditions. (Narayan Lal @ Narayan Nath v. State of Rajasthan through PP – S.B. Criminal Miscellaneous Bail Application No. 5730/2024)  

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