MEERA BAI Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have filed this appeal under Section341 of the Code of Criminal Procedure against the Criminal Complaint No. 1716/2007, filed by the Special Judge , SC/st (Prevention of Atrocities) Act, Panna against them under Section 340 of the Code of Criminal Procedure seeking their punishment under Sections 195 and 211 of the Indian Penal Code for giving false evidence in Special Sessions Trial No. 3/2006.

(2.) ON the report lodged by appellant Meerabai an offence under Section 376 (1)of the Indian Penal Code and Section 3 (2) (5) of SC/st (Prevention of Atrocities)Act was registered against Khillu @ Khilawan and under Sections 201, 193 of the Indian Penal Code and Section 3 (2) (6) of the SC/st (Prevention of Atrocities)Act against accused Ram Vishwash and Omprakash.

(3.) COMPLAINANT/appellant Meerabai lodged the report on 18. 6. 2002 with the police that on 16. 6. 2002, accused Khillu committed rape on her. In the course of investigation, Meerabai submitted an affidavit on 1. 7. 2002 stating that Khillu did not commit rape and she had lodged the report under acute excitement and infuriation. On the same day she submitted a similar application also to the police. On 18. 7. 2002 and 20th August, 2002, again she made an application to the superintendent of Police, Panna that accused persons obtained her signatures forcibly on some blank papers by extending threats to her. On investigation by the police, the allegation of rape as well as the report lodged by her against Khillu was found false, accordingly, a final report was submitted by police.