DATE OF JUDGMENT: 16th March 2021
JUDGES: Hon’ble Justice Harnaresh Singh Gill
PARTIES
- Pritpal Kaur (Petitioner)
- State of Punjab and Anr. (Respondent)
SUMMARY: The High Court of Punjab and Haryana imposed a fine of Rs.1 lacs in the ‘fake rape’ case.
AN OVERVIEW
- The petitioner claimed that Rs.4 lacs had been paid by her mother to the respondent to delete all the nude videos, showing the petitioner in a compromising condition, and the said amount was paid to save her respect and dignity in society.
- The petitioner later claimed that the respondent demanded from her Rs.3lacs more delete all the nude videos. The petitioner showed her inability to pay so the respondent took her to an isolated place and committed rape.
- The petitioner also claimed that the respondent has strong connections with the ruling party because of which the local administration is not taking any action against him.
- Following the claims by the petitioner, the court directed DGP, Punjab to constitute an SIT and it was further concluded that the petitioner has lodged a fake FIR.
- The allegations against the respondent were proved fraud as the call locations and the stay of the petitioner and respondents did not match.
ISSUES: Whether there was an attempt to overawe the authorities?
ANALYSIS OF THE JUDGEMENT
The court observed that –
• The proceedings which were initiated by the petitioner were completely false and frivolous and it was established that an attempt had been made not only to abuse the law but also to overawe the authorities.
• After analyzing the facts of the case, a bench of Justice Harnaresh Singh Gill remarked that- "It is very clear that the petitioner has pointed false and frivolous allegations against the respondent and has even gone to the extent of lodging the fake FIR and even recording the statement before the Magistrate. The petitioner has not moved towards this Court with clean hands."
• The court further stated that it was a fit case where an exemplary cost should be imposed on the petitioner.
• The petition was dismissed immediately and the petitioner was imposed to pay Rs.1 lac as a fine.
CONCLUSION
The court observed that there was an attempt to abuse the law and to overawe the authorities due to which the petitioner sought a CBI probe in the ‘fake rape’ case and is held liable to pay the fine of Rs. 1 lac.
Click here to download the original copy of the judgement
