New Delhi, Oct 10 (PTI) The Delhi High Court has directed state authorities to exercise abundant caution when filing appeals as it came across an appeal filed by the prosecution against an acquittal in a false attempt-to-rape case.
The court said the authorities have to exercise greater vigilance to prevent the misuse of the legal process through frivolous litigation.
In an order dated October 8, Justice Amit Mahajan said filing frivolous cases has a far-reaching and detrimental impact on the legal system as it not only clogs the courts but also undermines the judiciary’s efficiency and causes distress to litigants.
It came on the high court’s record that the complainant woman had already admitted to filing a false attempt-to-rape case against the accused over a dispute.
“Additional public prosecutor for the state, in the proceedings before the Rohini Courts, initially opined that the case was not suitable for appeal to the high court. The director of prosecution also shared the same view,” the court observed. It, however, noted that the state’s Department of Law and Legislative Affairs subsequently proposed filing an appeal.
“This court is unable to understand the reasoning behind the Department of Law and Legislative Affairs recommending an appeal in this case. Although the present case clearly qualifies as one where costs should be imposed on the prosecution for filing a frivolous appeal, this court has chosen to refrain from passing such an order,” it said.
The court further underlined that a conviction can be based on the testimony of the survivor if it “inspires confidence” but there are not only “material contradictions” but also an admission of filing a false complaint by the woman in the present case.
Dismissing the prosecution’s plea seeking permission to appeal against the 2019 trial court judgment, the high court underscored that the legal department must ensure that only meritorious cases are brought before it. PTI ADS AMK RC
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