Criminal case against complainants for giving false evidence

Criminal case against complainants for giving false evidence

Mangalore Today News Network

Mangaluru, Feb 27, 2016: Taking serious note of complainants turning hostile during trial of complaints of sexual harassment, a magistrate has ordered initiation of criminal proceedings against them [complainants].

The II Judicial Magistrate First Class has ordered registration of criminal cases against Violet Mascarenhas, her sister Prescilla Mascarenhas and her neighbour Jovith Carel D’Souza of Padu Perar village near here. The court has taken objection to the three women making false statements before it that was in contrary to what they had stated on oath before a magistrate.

The incident relates to scuffle between family members of Ms. Violet Mascarenhas and Ms. D’Souza at the house of Ms. Violet Mascarenhas on June 18, 2014. Following the scuffle, Ms. Violet Mascarenhas and Ms. Prescilla Mascarenhas filed a complaint accusing Joel Kiran and Ms. D’Souza of hurt, assault and criminal intimidation. The two accused Joel Kiran of misbehaving with them and tearing their clothes off. In turn, Ms. D’Souza made the same allegations against Ms. Violet Mascarenhas, David Mascarenhas, Judith S. Mascarenhas and Ms. Prescilla Mascarenhas. Both the complaints were registered by the Bajpe police.

As per procedure prescribed in the Code of Criminal Procedure in cases of sexual harassment, the police took Ms. Violet Mascarenhas, Ms. Prescilla Mascarenhas and Ms. D’Souza to the III Judicial Magistrate First Class court. The magistrate recorded on oath their statements under Section 164 of the Cr.PC where they reiterated what they had stated in their complaints.

When the case came up for hearing before the II JMFC Court, all the three turned hostile. They denied having filed a complaint of sexual harassment and stated in contrary to what they had said on oath before the II JMFC court.

While acquitting the accused on January 5, II JMFC judge Santosh S. Kunder noted that the three women should be tried summarily for giving false evidence before court. The magistrate directed his office to register criminal cases against the three women for the offence under Section 344 of Cr.PC. The magistrate has issued notices to the three women seeking an explanation from them.

Courtesy: The Hindu