This story is from May 31, 2006

Can a 'rapist' get away by paying victim?

This pertinent question has risen from a petition which a poverty-stricken woman filed in the high court.
Can a 'rapist' get away by paying victim?
NEW DELHI: Can a non-compoundable offence like rape be quashed on account of financial settlement between a woman and the accused?
This pertinent question has risen from a petition which a poverty-stricken woman filed in the high court. The victim requested the court to quash charges of rape and administration of poisonous substance, which she had levelled against her father-in-law and brother-in-law two years ago.
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She had also charged her husband with same allegations. The FIR was registered just a day after her marriage in November 2004.
Two years later, the victim has desired a compromise on account of a financial settlement between her and the accused.
In her writ petition, heard by Justice A K Sikri, the victim claimed her husband has agreed to pay Rs 90,000 to her as "full and final settlement" and she would, therefore, like to withdraw the charges. The payment is part of the divorce proceedings between the victim and her husband.
The victim's plea has, however, been opposed by the police. Public prosecutor Sunil Sharma said:"The charges of rape and administering poisonous substance are non-compoundable...

...
The woman has moved the petition because she belongs to a poor family." While objecting to the request to quash the FIR, Sharma said it was a medico-legal case and the MLC had substantiated the victim's allegations of rape.
The MLC apparently confirms assault on the victim's chest and cheek. The police have also filed a chargesheet in the case, but the trial has not proceeded on account of a delay in stomach wash report.
Justice Sikri has asked the police to procure the Forensic Science Laboratory report on stomach wash and present it before the court on July 31. Manpreet Kaur (name changed) got married to Surender Singh on November 1, 2004.
On her wedding night, she was allegedly physically assaulted by her brother-in-law and father-in-law. She was forced to have a sexual intercourse with her husband too, the victim complained.
While levelling dowry allegations against her in-laws and husband, the victim made a PCR call and also called her parents.
In her FIR, she told that since she belonged to a poor family, the in-laws were troubling her. The PCR van immediately took the victim to Sanjay Gandhi Memorial Hospital, where she was examined.
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