The Supreme Court quashed a rape case filed in Delhi against a retired army officer noting that the complainant levelled similar allegations against eight other people and neither joined the police probe not appeared before the top court despite being served a notice.
“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”. a bench headed by Justice Sudhanshu Dhulia said.
The order was pronounced by the court on February 25 but uploaded recently.
The court was hearing a petition filed by Captain Rakesh Walia challenging a decision of the Delhi high court in July last year turning down his plea to quash the rape case lodged against him.
The bench, also comprising Justice K Vinod Chandran said, “This is precisely the nature of case where the high court ought to have exercised its inherent powers under Section 482 of Code of Criminal Procedure (section 528 of BNSS) and should have quashed the proceedings.”
The complainant, a 39-year-old woman having two daughters, claimed to be a housewife and was living separately from her husband for the last three years. In her complaint to the police, she alleged that she used to previously work as a freelance model but left it and was looking for a job. It was due to this that she came in contact with Walia through Facebook. The woman then claimed that Walia assured her of a job opportunity and asked her to meet him regarding a modelling assignment.
{{/usCountry}}The complainant, a 39-year-old woman having two daughters, claimed to be a housewife and was living separately from her husband for the last three years. In her complaint to the police, she alleged that she used to previously work as a freelance model but left it and was looking for a job. It was due to this that she came in contact with Walia through Facebook. The woman then claimed that Walia assured her of a job opportunity and asked her to meet him regarding a modelling assignment.
{{/usCountry}}The duo finally met on December 29, 2021, at Chhatarpur metro station in the afternoon. According to the complaint, after she got into Walia’s car, she was offered a cold drink which was spiked. After consuming it, she lost consciousness and was taken to a deserted place where she was allegedly raped and molested. Soon after the complaint was lodged at Mehrauli police station, Walia got a call from the police about the complaint.
In his petition before the top court, Walia through his lawyer Ashwani Kumar Dubey pointed out that he is a decorated army officer who has authored five books, some of which are bestsellers.
The bench observed, “What is most concerning before this court is that the same respondent has filed nearly identical cases against at least eight other individuals. These FIRs, lodged in different police stations across Delhi, involve offenses related to rape, criminal intimidation and outraging woman’s modesty under the Indian Penal Code.
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“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”, it said.
“We see no reason why the appellant should be subjected to a process that is clearly an abuse of the process. Accordingly, the criminal proceedings initiated against the appellant, is hereby quashed”, the bench said.