Court awards 7yr-6 month jail term to woman over fake FIR of gang rape
Lucknow, June 17 -- The court of the special judge SC/ST Act on Monday awarded a seven years and six months prison term to a woman for lodging a fake FIR of gang rape against two men.
Imposing a fine of Rs 2.1 lakh on the woman, aged around 24 years, the court directed the state government to recover Rs 2 lakh compensation that was given to the woman after the gang rape FIR was lodged in June 2021.
This was the first installment of the Rs 8 lakh total compensation which is awarded to a Scheduled Caste victim of gang rape.
The court also suggested several measures to the state government to ensure such cases of fake FIR are not repeated.
"Instances of lodging fake FIR by misusing the special sections of the SC/ST Act are increasing," the court said in the order.
Both the victims Rajesh Kumar and Bhupendra Kumar Vishwakarma had to spend three months in jail. During the course of the trial, Vishwakarma died.
Additional district judge Vivekanand Saran Tripathi, who is also special judge SC/ST Act, passed the order on Monday.
Government advocate Arvind Kumar Mishra represented the state government in court.
The court awarded two sentences to the woman. The first prison term is of six months under Section 182 of the IPC and a fine of Rs 1000. This section is related to giving false information to a public servant with an intent to cause them to use their lawful power against any person.
The court awarded a second sentence of seven years under Section 211 of the Indian Penal Code and a fine of Rs 2 lakh. This section deals with falsely initiating criminal proceedings against an individual.
"Both the prison terms will run separately and a fine of Rs 2.1 lakh has been imposed," the court said. The court also suggested that the government should not award first instalment of the total compensation of Rs 2 lakh to the victim after she lodges the rape FIR.
The court suggested that 50% compensation must be awarded to the victim after the police validates the crime and files a chargesheet in court, said Manoj Tripathi, district government counsel (criminal) ....
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