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Synopsis

The Allahabad High Court recently directed a detailed inquiry into allegations of forgery and false complaint in a POCSO case. The bench of Justice Arun Kumar Singh Deshwal ordered the Superintendent of Police (SP), Jalaun, to register an FIR and investigate claims that the complainant in the case, named Simran, is a non-existent individual and that documents submitted to support her claims were forged.  

A complaint was filed against one Uma Shankar Yadav and others, accusing them of offenses under Sections 376-D and 506 of the IPC and the POCSO Act. However, the counsel for the accused contended that the complainant's Aadhaar card and marksheet were fraudulent, a claim supported by an SP-led inquiry that confirmed the documents were fabricated and the complainant was untraceable. Notices sent to her address were returned with endorsements stating that no such person resided there.  

To this, Justice Deshwal expressed concern over what appeared to be a conspiracy to misuse the judicial system. On an earlier date, he had directed the trial court to conduct a comprehensive inquiry into the complainant’s identity and the authenticity of witnesses who had testified under Sections 200 and 202 of the CrPC. In pursuance of the same, the Additional District & Sessions Judge/Special Judge (POCSO), Jalaun at Orai submitted his report which showed that not only the documents filed by the alleged victim were found to be forged but also the complainant as well as her witnesses were also not traceable. Their addresses were also found to be incorrect.

Taking note of the same, court ordered the District Judge, Jalaun, to investigate the possible involvement of judicial officers or employees in the filing of the false complaint. The SP, Jalaun, was further instructed to examine the signatures on the complainant’s vakalatnama and statements before both the lower and High Courts.  

Highlighting the gravity of the issue, Justice Deshwal stated, “The above facts shows the serious conspiracy to falsely implicated the applicant and also misuse the forum of Court just to falsely implicate the person through a non-existence complainant and witnesses.”  

Pending the investigation, the High Court stayed proceedings in the criminal case against the accused. The SP and District Judge have been asked to submit their reports by December 20, 2024.  

Case Title: Uma Shankar Yadav Vs. State Of U.P. And 3 Others