Delhi HC quashes 2020 rape case against retd armyman

The Delhi High Court quashed a rape case against a 72-year-old officer, citing absurd allegations and lack of credible evidence.

The Delhi High Court has quashed a rape case against a 72-year-old retired army officer, holding that false cases can gravely tarnish an individual’s reputation in society and subject them to needless trial.

(Shutterstock)

A bench of justice Amit Mahajan delivered the ruling on Friday while hearing the officer’s plea against a trial court order of August 26, 2020, which had directed police to register an FIR under charges including rape and attempt to murder.

The FIR was filed on the complaint of a woman who alleged that in April 2020, the officer cornered her in a park inside their residential colony, snatched her phone, assaulted her, tore her clothes and attempted to rape her. She further claimed he sexually assaulted her and tried to drag her to his house, but her mother’s intervention saved her.

In his petition, the officer denied the allegations, terming them fabricated. He contended that the complainant had a history of levelling similar charges against family members and neighbours and that the complaint was rooted in disputes over the upkeep of the park.

The woman, however, maintained that her allegations were genuine and argued that the officer was being shielded by fellow residents due to his influence, while she, a young woman, lacked support.

The high court, after reviewing the evidence, found the allegations “inherently absurd.” It noted that eyewitness accounts and statements of other residents contradicted the complainant’s version. Photos and videos taken after the alleged incident showed her clothes intact and no signs of injury.

The bench added that continuation of proceedings would be an abuse of the process of law and subject the man to suffer the tribulations of trial.

“False cases have the effect of tarnishing an individual’s reputation in society, and it is the duty of the court to take into account attending circumstances as well as the material collected during investigation,” the court said, adding that the “allegations are inherently absurd.”

It added, “Considering the aforesaid discussion in relation to the absurd nature of the allegations which are not supported by a shadow of credible evidence, in the opinion of this Court, continuation of proceedings will be an abuse of process of law.”