In order to send a signal to persons wanting to file false cases, the
Bombay High Court on Thursday(March 29th,
2007) imposed a fine of Rs 50,000 on a lady who had lodged a complaint against a fellow villager for allegedly raping her.
A division bench of Justice D.G. Deshpande and Justice S.R. Sathe on
Thursday dismissed an appeal filed by Maharashtra
government challenging
acquittal of Dilip Kadam, a resident of Shirala-Kadamwadi village in Sangli.
Mangal Pawar and her mother Anandibai Kadam had filed a complaint with
Sangli police station that on September 20, 1987 they were raped by Dilip at
gun point after assaulting them in presence of nine other persons. There was
allegedly a property dispute between the two families.
However, on October 10, 1990 the sessions court at Sangli acquitted Dilip
and nine others due to lack of evidence. Even the medical examination of the
mother-daughter duo did not prove that they were subjected to rape. However,
Dilip was found guilty of possession of arms.
The Maharashtra government had appealed against his conviction in the HC.
The bench observed that the state had failed to prove the case against
Dilip. Besides there were several loopholes in their story of being raped.
While upholding Dilip''s acquittal on rape charges the HC directed the
alleged victim to pay Rs 50,000 as compensation to Dilip for lodging a false
compliant.