A city court has started a criminal trial against an alleged rape victim for turning hostile before a sessions court five years after she had complained of rape. Her turnabout had resulted in the acquittal of the accused in 2007. The woman now stands charged with perjury (giving false evidence) and can face up to seven years in prison. The woman initially told a magistrate that the accused had raped her in February 2002,when she was a minor. Her statement was recorded under Section 164 of the CrPC. Later,when she took the witness box during trial,she turned hostile and denied rape. She also said she had made her previous statement to the magistrate under pressure from a police officer. Despite attempts by the prosecution,the woman refused to stand by her original complaint. Additional Sessions Judge Narinder Kumar absolved the accused Vijay Kumar of rape charges on May 16,2007. While acquitting Kumar,the judge noted that the complainant had done a volte-face from her earlier statement given to a magistrate,thereby abusing the process of the court. The sessions court then turned complainant and sent a formal request to the Additional Chief Metropolitan Magistrate (ACMM),Rohini,to register a case against the woman under Section 193 (punishment for false evidence). The formal procedure to press charges against the woman began over two years ago. On Monday,ACMM Ashutosh Kumar took cognizance of the criminal complaint and issued a notice under the Code of Criminal Procedure against the 24-year-old woman. I have perused the said complaint. I am satisfied that prima facie an offence under Section 193 of the IPC was committed by the woman. Accordingly,I take cognizance of the offence,as at this stage there are sufficient grounds to proceed against her, noted ACMM Kumar in his order. As per legal provisions,the woman will now be served the notice,asked to attend the next hearing and plead her case.
