Mumbai: Rape survivor turns hostile, court says return govt aid

Photo for representational purpose

In connection with a rape complaint filed in 2016, a special court in Mumbai asked the minor rape survivor to return any compensation she might have received from the government, as she turned hostile and told the court that she did not know the accused and no such incident had taken place. The complaint was filed against two men in their early 20s following an allegation that the minor had been kidnapped by the duo, made to consume alcohol and raped by them.

Accordingly, two men were booked on charges of gang rape and kidnapping under relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act. They were behind bars for nearly five years. But, last week, the special court acquitted them. It also asked the minor to return any compensation she got from the government. The court, in its order, stated that it was not clear whether the survivor received any ex-gratia monetary aid from the state.

"If she has received any such aid, it becomes the duty of the court to apprise the government of the fact that based on her testimony the FIR appears to have been falsely lodged by the informant. Thus, if any monetary benefit has been received by her from the state, the same deserves to be recovered from her, for the simple reason that it would otherwise amount to misappropriation of public money," said Judge SU Baghele, City Civil & Sessions Court, Borivli Division, in his order.

On the directions of the Bombay High Court, in 2013, Maharashtra via a Government Resolution (GR) had launched a scheme called Manodhairya Yojana. Under this, the state provides financial support and rehabilitation to victims of rape, child sexual abuse and acid attack. A few years back, a new GR was introduced with a provision to include recovery of compensation in case the victim turns hostile in the case. The special court in its order further instructed the police stations concerned to take all necessary measures to ensure recovery of compensation. Advocate Manjula Biswas and advocate Amar Bhattachraya represented the two men who were booked in the case.

Post-verdict, speaking to mid-day, Biswas said, "After studying the case, we observed that both men were falsely booked. During the trial, we exhibited how the police failed to prove the contents of the FIR. As there was no evidence against the arrested people, the honorable court acquitted the two men and even directed to recover compensation from the victim, if she has received any."