An FIR filed by the husband of an accused, stating that the victim and her mother had faked the date on her birth certificate for citing offences under the POCSO Act, was dismissed on December 19 by a single judge bench of the Delhi High Court comprising of Justice Anup Jairam Bhambhani. In response to the victim's request for anticipatory bail, the bench gave notice and gave Delhi Police six weeks to respond.

"In the meantime, subject to the petitioner appearing before the learned trial court as and when required, no precipitate action affecting the petitioner's liberty shall be taken by the trial court, till the next date of hearing," the court ordered while listing the matter for hearing next on March 1, 2023.

The petitioner victim had been before the trial court on December 17, and the matter is scheduled to be heard again on January 9, 2023, in accordance with section 207 of the Cr.P.C. 

The husband of the accused woman allegedly filed a "frivolous and vexatious complaint" against the victim and her family, alleging that they had obtained a forged transfer certificate from her school to create a false record of her date of birth, according to the anticipatory bail plea advanced by attorneys Mehmood Pracha and Jatin Bhatt.

"The F.I.R., which is on the face of it false, vexatious, and clearly motivated, in itself does not disclose any offence, or involvement therein, on part of the Petitioner," the plea states.

The petitioner victim's attorney, R.H.A. Sikander, stated that the anticipatory bail application, which was pending before the Allahabad High Court, was withdrawn on December 16. 

The victim was a kid when former MLA Kuldeep Singh Sengar and his cohorts brutally raped her in a group in 2017. 

Sengar was found guilty of raping the woman and killing her father with the help of police in the village of Makhi, located in the Unnao area. He received a life sentence in prison. 

In response to a transfer petition filed by the survivor, the Supreme Court decided to move the case's trial to Saket Courts in September.

Case Title: AS v. State
Citation: CRL.M.A. No.26601/2022
Link: http://164.100.60.183/writereaddata/OrderSAN_PDF/ajb/2022/1671774114802_37505_2022.pdf