[MP] IPC, S. 376 – CrPC S. 438, 164, 161 – Complainant stated that forcefully the applicant committed rape with her, which was reiterated in the complainant’s statement recorded under Sections 164 so also 161 of the CrPC, although before the trial Court, at the time of hearing the applicant’s anticipatory bail, she had given an affidavit pleaded no objection therein saying that applicant had not committed any rape upon her – Anticipatory bail granted – However, to teach a lesson to the persons like the complainant who are making mockery of law by misusing the provisions of law, the Superintendent of Police, is directed to make a proper enquiry in the matter and if it is found that the complainant had made false allegation against the applicant, then offence be registered against her in accordance with law for making a false complaint or misusing the provisions of law – It is further made clear that if any non-bailable offence is made out against the complainant for making a false complaint, then the police would be free to proceed further in accordance with law.
read here 2022 PLRonline 0290
