Rape Case: Delhi HC Quashes FIR, says Process of Law is being used as tool for Settling Personal Scores

RAPE-LAW-INSIDER

Mitali Palnitkar

Published on: March 11, 2022 at 20:55 IST

The Delhi High Court Quashed a First Information Report (FIR) filed by a Woman Alleging that she was raped by the Accused on multiple occasions.

The Single-Judge Bench of Justice Subramonium Prasad was dealing with a Plea seeking quashing of FIR registered against the Accused for Offences under Sections 376(2)(n), 354 and 354A of the Indian Penal Code.

According to the Court, the Woman was in a Long-Term relationship with the Accused and filed the Case of Rape only after their relationship soured.

In the present Case, the Woman had filed various Complaints of similar nature against the Accused at multiple points of time. However, it was found that the Alleged sequence of events was different in all Complaints.

It was submitted before the High Court that the Accused and the Petitioner were in a Long-Term relationship for four years. However, when the relationship turned sour, the Accused was Falsely Implicated. Also, there was a delay of four years in Filing the First Information Report.

It was also submitted that there were discrepancies in the First Information Report filed and the Statement given under Section 164 of Criminal Procedure Code (CrPC).

Justice Prasad perused the Material-on-Record and observed discrepancies in the First Information Report filed as well as the Statement given.

The Court noted that in one Complaint, the Prosecutrix said that she was given juice by the Accused due to which she fell unconscious whereas in another Complaint she said that she was given wine by the Accused.

The Court opined that the Prosecutrix and Accused were in a Long-Term relationship and the First Information Report was lodged once the relationship turned hostile.

Therefore, the Court Quashed the Impugned First Information Report and disposed of the Plea.

Also Read: Supreme Court asks Centre to Take a stand on Marital Rape

 

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