The Punjab and Haryana High Court has held that a ‘U-turn’ by the prosecutrix before the trial Court is not a ground to grant relief.
A single-judge bench of Justice Avneesh Jhingan has while hearing the bail plea of a rape accused, observed that merely because the prosecutrix has not supported the allegations in a deposition before the Court, it is not enough to grant bail.
The observation was made while hearing the third bail application of one Subhash Chander, accused of intoxicating his daughter-in-law, committing “wrong act” made videos, and clicked photographs after giving some tablets which made her unconscious. The prosecutrix had also alleged blackmailing on the pretext that the photographs and videos would be made viral.
Chander was booked by the Haryana Police under Sections 328 (Causing hurt by means of poison, etc. with intent to commit an offense), 376 (Rape), and 506 (criminal intimidation) of the Indian Penal Code.
The allegations were reiterated by the victim while making a statement under Section 164 of the Criminal Procedure Code before a Judicial Magistrate. But she did not support the allegations in her deposition before the court.
Before the High Court, the Petitioner-accused submitted that the prosecutrix has not supported the allegations while deposing before the Court. Brushing aside this argument, the Single Bench observed that the issue with regard to the contradiction of statement under Section 164 CrPC and deposition before the Court, would be a subject matter of trial.
The Bench, thus, dismissed the bail application, noting that it is for the trial court to weigh all the material and evidence before it.