Hon’ble High Court of Calcutta while hearing the bail application of the accused persons under Section 439 of Cr.P.C,
For the purpose of preventing sanctity of the legal procedure being marred at the hands of unscrupulous persons, after conclusion of the trial, the allegations against defacto-complainant for fabricating false evidence with the help of her daughter are to be enquired into by the concerned Learned Special Judge under POCSO Act, 2012 at Berhampore, Murshidabad wherein the Berhampore Police Station Case No. 1114 of 2023 dated 09.08.2023 is pending since the said court is to deal with terminal proceeding. In other words, the relevant case will be concluded/terminated in the said court and not before this High Court. As there is allegation that the victim and her mother concealed the victim’s actual age at the time of making false complaint, the actual age of the victim at the time of lodging false complaint should also be ascertained by the concerned Learned Special Judge who is supposed to deal with the enquiry under Section 340 of Cr.P.C. (379 BNSS) and if it appears that the victim was major at the time of lodging false complaint and recording of her statement under Section 164 of Cr.P.C., appropriate action should also be taken against the victim without hesitation. In other words, in that event, the benefit of Section 22(2) of POCSO Act, 2012 will not be available to the said victim, being the daughter of the defacto-complainant.
Para 14. 14. Accordingly, we direct the Learned Judge, Special POSCO Court, Berhampore, Murshidabad to make a discreet enquiry (at the time of conclusion of the trial) in respect of the act of the defacto-complainant and her daughter in making false complaint and also recording of false statement under Section 164 of Cr.P.C. and thereby fabricating false evidence within the meaning of Section 192 of the IPC. As a result of such an act, three innocent persons being the petitioners herein, have spent almost one year behind the bar, and this fact, therefore, should also be taken into account by the Learned Judge. After enquiry, if the Learned Judge, Special POCSO Court, erhampore, Murshidabad, finds that the defacto-complainant and/or her daughter (if major) are responsible for fabrication of false evidence under Section 192 of Indian Penal Code, 1860, he shall forthwith lodge a complaint before the Competent Court of Magistrate against the defacto-complainant and/or her daughter (if she was major at the time of recording her statement) under Section 340 Cr.P.C. (Section 379 BNSS) for initiating a criminal proceeding against them.
Para 15 15. Let a copy of this order along with a copy of the order dated 13.06.2024 of this court, copy of the show cause dated 13.06.2024, the bail application along with annexure in connection with CRR No. 2431 of 2024 be sent to the Learned Judge, Special POCSO Court, Berhampore, Murshidabad for taking appropriate action. The learned Registrar General is requested to communicate this order to the Learned Judge, Special POCSO Court, Berhampore, Murshidabad immediately. Rule issued is disposed of.
