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23. False charges of rape is not unknown in this Country. In Modis Text Book of Medical Jurisprudence and Toxicology, 1972 Edition, the following passage occurs:

False charges.- False charges of rape are not uncommon in India. Occasionally parents may introduce chillies into the vagina of their female child to cause irritation and inflammation or may injure her genitals for the purpose of substantiating a false charge of rape brought against an individual with a view to taking revenge or extorting money from him, and may tutor their child to tell a circumstantial story of a rape. Modi saw a case in which the father thrust his thumb into the vagina of his daughter, six years old, in order to bring a false charge of rape against his neighbour who was his enemy, and lacerated the posterior part of the hymen, the posterior part of the vagina and the posterior commissure. At times parents inflict injuries on the private parts of their female child, and then kill her by strangulation or suffocation in order to bring a false accusation of rape and murder against their enemy. If necessary X-rays should be taken to ascertain age."

26. Though the Honble Supreme Court in Sudipta Lenka v. State of Odisha and others [(2014) 11 SCC 527] has held that when once the Final Report is filed, transfer of investigation should not be routinely ordered by the Court, yet in the peculiar facts and circumstances of the case, when the petitioner's conduct itself is suspect and prima facie it appears that he has trumped up false charges of rape against his neighbours who are still languishing in jail, and further the local Police investigation appears to be swayed by public opinion, re-investigation is imperative. This is not a fit case to transfer the investigation to the CBI, but it will serve the interest of justice if the Final Report is quashed and re-investigation is ordered to be done by the Crime Branch CID, which is an elite police force in the State of Tamil Nadu known for its professional competency. When once Final Report is quashed, the accused will be entitled to be released on statutory bail under Section 167(2). Moreover, the accused are in jail for the last nine months.