'Not believable that 4 brothers & their father would rape mother of two grown up children': Allahabad High Court quashes trial proceedings

The Lucknow Bench of Allahabad High Court recently quashed proceedings in a rape case lodged against four real brothers and their 81-year-old father. Court said that it appeared that the alleged victim woman had lodged the case as a measure of retaliation and vengeance.

Taking into consideration a report by the Superintendent of Police of the concerned area before the Uttar Pradesh State Women Commission, Lucknow, stating that the matter was a false case filed wit malafide intentions, the bench of Justice Dinesh Kumar Singh observed,

"This court's conscience also does not believe that four real brothers and their father would commit rape on a woman having two grown up children."

The woman had lodged the instant case against the 4 brothers and their father alleging that they had gang-raped her. The police, after investigating the offence, submitted a final report exonerating the brothers and their father for committing the offence.

Being dissatisfied with the Police's final report, the woman, thereafter, filed a complaint before the Uttar Pradesh State Women Commission, Lucknow. The Commission directed the Superintendent of Police (SP) of the area to submit a detailed report in the matter.

In his report, the SP stated specifically that it was a completely false case and the woman wanted to persecute the brothers with malafide intention, in retaliation of a case lodged against her husband and other relatives by one of the brothers.

Against this report, the woman filed a protest petition, which was treated as a complaint case and after recording the statements of the woman, the accused were summoned to face the trial for the offences under sections 366, 452 and 376 of the Indian Penal Code. Gharges were framed by the trial court subsequently.

The High Court observed that there was another FIR under section 363 read with section 366 I.P.C, which was registered on the complaint of one of the accused persons, whose minor daughter was allegedly abducted by the husband of the woman.

Moreover, regarding the instant case, Court noted that the police did not find any evidence for commission of the offence.

Therefore, considering all these facts and also taking into account the report submitted by the Superintendent of Police, Court decided against the credibility of the case.

Accordingly, Court allowed the petition moved by the brothers and their father and quashed the proceedings of Sessions Trial against them.

Case Title: Srinivas And Ors v. Srinivas And Ors