After 11-year trial, 4 acquitted in fabricated 'gang-rape' case

AGRA: After an 11-year trial, a court in UP's Etah acquitted four men in a gang-rape case after the woman admitted before court that the crime did not happen at all. While passing the order, the court ordered that action should be taken against the woman and her husband (complainant in the matter) for filing a fabricated case and also the investigating officer for not conducting a fair investigation.On Oct 25, 2014, a complaint was filed against four men — Virbhan, Kashmir Singh, Jagjeet Singh and Bhanupratap, all residents of Etah -- following which a case was filed under IPC sections 376(2) (rape), 452 (house trespass), 504 (intentional insult to provoke a breach), and 506 (criminal intimidation) at Raja Ka Rampur police station in Etah.According to the FIR, the complainant had gone to Etah's Aliganj to buy household items, when four armed men allegedly entered his house and gang-raped his wife.The investigation was led by inspector Devendra Shankar Pandey, the then SHO, and a chargesheet was filed on Feb 7, 2015. During the trial, five witnesses were presented by the prosecution, including the woman, her husband (complainant), two police officers (including IO Pandey) and a doctor.However, in a twist during the cross-examination, the woman, against whom the crime was reported, stated, "I don't know 'accused' Veer Bhan Singh, Kashmir Singh, Jagjit Singh and Bhanu Pratap.

They never harassed me, never intruded into my house, nor threatened to kill me.""At the time of the alleged incident, my husband was the village head. A case was going on against him over some political dispute. There was pressure on him and he was implicated in a fabricated case. Nothing wrong ever happened to me. I was never taken to the police station with my husband to write any report. I was forcibly taken for medical examination, and was kept there for a long time, during which my thumb impression was taken on a piece of blank paper," she testified before the court.Based on the woman's testimony, the court of additional sessions judge, Etah, Manisha, acquitted all the accused on Sept 2. The court stated that both the complainant and his wife knowingly gave false testimony under oath during judicial proceedings."In their first examination, they gave certain statements, but during cross-examination they said the statements were given under falsehood and pressure. Also, in her statement under CrPC section 164 before the magistrate, the victim said something, but during cross-examination, she said it was false.

Giving contradictory statements under oath is an offence. In the interest of justice, it is necessary and appropriate that such witnesses should not be overlooked without consequence.

It has been proved that the two of them gave false testimony before the court. Therefore, notices should be issued against them under CrPC section 344 after following due process," the court said.Court also found the investigation by inspector Devendra Shankar Pandey faulty.

It directed the SSP to initiate a departmental inquiry against Pandey within three months of receiving a copy of the judgment and inform the court about the action taken against him.Speaking to ToI, Virbhan Singh said, "Eleven years of ours were wasted. We also spent more than a month in jail. I was not even aware of the case when it was filed. I was working in Lucknow and was returning to my village for a break when I received a call from the police, informing me that a case was filed against me. Kashmir Singh had retired from his service just months before the case was filed. He spent all his savings and post-retirement funds to fight this case.

The two other 'accused' are farmers, and the case destroyed their lives too. We demand compensation from the govt."