Special POCSO Court, Ghaziabad, acquitted a man from Bareilly who had been accused of rape and criminal intimidation after the victim admitted in court that she had filed a false case to pressurize him into marriage on the advice of a female constable.

As per the FIR, the complainant alleged that she was raped on November 15, 2020. However, the FIR was lodged almost two months later, on January 11, 2021, at Masoorie Police Station.

The prosecution’s case was further strengthened when, after recording the victim’s statement u/s 164 CrPC, provisions of the POCSO Act were invoked. According to her school transfer certificate, she was 17 years and 9 months old at the time of the alleged incident.

During the proceedings, the prosecution examined four witnesses, the victim, her mother, a medical expert, and the investigating officer. Alongside oral testimony, documentary evidence such as educational certificates and an FSL report were also presented to support the charges.

However, the case took a significant turn during trial when the victim retracted her earlier allegations. She testified in court that she had lodged the complaint falsely, as her marriage with the accused, who was her sister’s brother-in-law, had not initially been agreed upon by the families. She also clarified that her earlier statement before the magistrate was dictated by the police and that she was 19 years old at the time of the incident, not a minor.

The victim’s mother corroborated her daughter’s version in open court. She admitted that the false case was filed on the suggestion of a female police constable, solely to pressure the accused’s family into accepting the marriage proposal. She further stated that the accused had not committed any wrong before the marriage took place.

Medical and FSL reports also weakened the prosecution’s case, as they did not show any evidence of rape. With the complainant and her mother both admitting to filing a false case, the entire prosecution version collapsed.

While delivering judgment, Special POCSO Judge Neeraj Gautam cited a 2016 Supreme Court ruling, observing: “The prosecution must prove the guilt of the accused beyond reasonable doubt. If two views are possible on the evidence, the one favourable to the accused should be adopted.” The court emphasized that the prosecution had failed to discharge this burden.

Accordingly, the court acquitted the accused of all charges. The accused and the victim are now living together as husband and wife.

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