Dynamite News Supreme Court dismisses rape case against Ex-Army Officer, know all updates
A bench of Justices Sudhanshu Dhulia and K. Vinod Chandran has quashed all criminal proceedings in the rape case against former Indian Army officer Rakesh Walia. Read further on Dynamite News:
New Delhi: The Supreme Court on Tuesday quashed all criminal proceedings in a rape case against former Indian Army officer Rakesh Walia, ruling that the complaint was "unbelievable" and constituted an "abuse of the process of law."
A bench comprising Justice Sudhanshu Dhulia and Justice K. Vinod Chandran noted that apart from the complainant’s statements, no evidence was on record to substantiate the allegations.
Additionally, it was found that the same complainant had filed eight other identical First Information Reports (FIRs) against different individuals across multiple police stations in Delhi, but later refused to cooperate with investigations.
The Bench emphasised that this was a case where the Delhi High Court should have exercised its powers under Section 482 of the Code of Criminal Procedure (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita) to quash the proceedings.
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Since the High Court had dismissed Walia’s plea for quashing the case, the Supreme Court set aside the order and terminated all proceedings.
The apex court noted that "Apart from her statement in the FIR and her statement under Section 164 of the Code of Criminal Procedure, 1973 (now under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023), there is no other evidence on record. However, what is most concerning before this Court is that the same respondent has filed nearly identical cases against at least eight other individuals (nine cases in total).
These FIRs, lodged in different police stations across Delhi, involve offenses under Sections 34, 328, 354, 354A, 354D, 376, 377, 506, and 509 of the IPC. Additionally, we have been informed that after lodging the FIR, the complainant has not cooperated with the investigation and has not appeared before this Court despite being served with notice," the Supreme Court observed.
The complainant had alleged that when she met the appellant regarding a modeling assignment, he offered her a cold drink laced with sedatives, after which he raped her. However, the appellant refuted these claims, stating that their meeting was related to services she offered for promoting his books.
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He asserted that he was an author of five books, some of which were bestsellers.
"Considering the nature of the case and the cumulative circumstances, we are of the opinion that the criminal case initiated against the appellant is nothing but an abuse of the process of law. This is precisely the kind of case where the High Court ought to have exercised its inherent powers under Section 482 Cr.P.C. (now under Section 528 B.N.S.S.) and should have quashed the proceedings," the bench ruled.
Advocate on Record (AOR) Mr. Ashwani Kumar Dubey, and advocates Adwait Ghosh, and Chandra Shekhar appeared for the Appellant.