A show cause numberice was issued and the case was registered against the petitioner who filed reply to the effect that being an illiterate lady, she had companymitted the mistake and may be excused.
The accused persons abjured their guilt.
The petitioner filed an application before the High Court stating that a wrong statement was made before the High Court that she had already suffered custody for 15 days, which weighed with the High Court to reduce the sentence.
On the basis of the report, matter was investigated.
The Trial Court found that the petitioner had tendered false evidence and had fabricated evidence against the accused persons with the intention that such evidence shall be used in the proceedings, and, therefore, directed companynizance in terms of Section 344 of the Code of Criminal Procedure, 1973 in short the Code to be taken against the petitioner.
She even denied to have lodged the first information report Exh.
The petitioner lodged a report against two persons at Pichhore Police Station to the effect that on 28.1.1993 between 6.00 to 7.00 a.m. she was waylaid by them who dragged her and companymitted rape on her, one after another.
P 1 and to have given any statement to the police Exh.
During trial, the petitioner stated that she had actually number been raped.
In view of the statement of the petitioner, the two accused persons were acquitted by judgment dated 28.11.2001.
Charge sheet was filed.
The accused persons faced trial for alleged companymission of offence punishable under Section 376 2 g of the Indian Penal Code, 1860 in short the IPC .
She claimed to have narrated the incident to her father and uncle and, thereafter lodged the report at the police station.
As she resiled from the statement made during investigation, she was permitted to be cross examined by the prosecution.
The accused persons were arrested.
