Supreme Court unmoved by belated Affidavit of Rape Victim that she made allegations under pressure

The Supreme Court in one its order has denied accepting the belated Affidavit filed by Rape Victim that she had lodged the case against the accused under pressure.

The Court was hearing an appeal challenging the concurrent conviction in a rape case filed by the accused.

The appellant was aggrieved by the Chhattisgarh High Court’s decision to affirmed his conviction and sentence imposed and thus approached the Supreme Court.

While the matter was pending before the Top Court, the prosecutrix filed an affidavit stating that it was under pressure that she had lodged a case against the accused.

The Bench comprised of Justice Arun Mishra and Justice Indira Banerjee denied the submission of the affidavit and accordingly held.

The decision was taken in lieu of the SC’s reiteration of the precedent that compromise between a rape accused and the victim is of no relevance in deciding criminal cases.

HC Judgment in Case

The High Court had found that the statement of the prosecutrix is quite natural, inspires confidence and merits acceptance.

In this regard, the High Court had made the following observation:

The High Court has rejected the submission of the defendant which was based on the ground that the FIR was lodged with a delay.

It had observed that, in a tradition-bound society prevalent in India, more particularly, rural areas, it would be quite unsafe to throw out the prosecution case merely on the ground that there is some delay in lodging the FIR.

The judgement has been delivered by Justice Arun Mishra and Justice Indira Banerjee on 18-02-2020.

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