False Cases Tarnish Reputation, Courts Must Look Into Complaints Closely: Delhi High Court Quashes Rape Case Against Retired Army Officer
The Delhi High Court has quashed a rape and sexual assault case against a 70 year old retired Indian Army officer, observing that the allegations against him were "inherently absurd".
“...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,” Justice Amit Mahajan said.
The Court said subjecting the man to suffer the “tribulations of trial” would tantamount to miscarriage of justice, which warranted judicial interference.
It added that 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.
“This Court owes a duty to look into the complaint with care and a little more closely in case it finds that the proceedings are manifestly frivolous or vexatious or are instituted with the ulterior motive of wreaking vengeance. This Court is thus burdened with the responsibility of balancing equities and limiting itself to an assessment of ascertaining whether the allegations are frivolous or improbable without conducting a mini enquiry into the veracity of the allegations,” the Court said.
The Court allowed the plea filed by one Lt General Inderjit Singh AVSM VSM (Retired) challenging a trial court order directing the Delhi Police to lodged an FIR against him. He also sought quashing of the FIR registered pursuant to the trial court order.
The complainant had sought registration of FIR against Singh for the offences under 376 read with Section 511 and under Sections 307, 320, 323, 339, 354, 354A, 354B, 355, 503, 506 and 509 of the Indian Penal Code, 1860.
Singh and the complainant were neighbours. It was the woman's case that there was a park adjoining Singh's residence and the backyard of her residence adjoined the said park.
It was alleged that in 2020, while she was returning to her house, Singh had quietly sneaked into the park and started shouting that she had no right to be present in the park. When she tried to leave, Singh allegedly trapped her in an enclosure without leaving any means for her to exit.
As per the complaint, Singh allegedly pounced on her, pressed her breast, threw her on the ground, tore her clothes, inserted his fingers in her private part and tried to commit rape upon her in a dark part of the park. As per the allegations, she was saved by her mother.
Vide the impugned order, the Magistrate gave directions for registration of an FIR, observing that serious allegations of sexual assault were made in the complaint.
Allowing the plea, the Court said that although serious allegations were levelled, the Magistrate ought to have given prima facie consideration to the report of the concerned DCP, especially since the same casted severe doubt on the woman's case.
It added that despite calling for the status report and granting adjournments for filing of the same, the Magistrate subsequently passed the impugned order without appreciating the material that was brought forth in the enquiry.
“While the deferring of registration of FIR for carrying out a preliminary enquiry may not be the appropriate course of action, once such an enquiry is done, this Court cannot remain blind to the overarching material found in favour of the petitioner. Even otherwise, the petitioner has also invoked the inherent jurisdiction of this Court and this Court is not precluded from looking into any material that has been placed on record,” the Court said.
Further, Justice Mahajan noted that no external injury was recorded in the MLC of the complainant and that the videos given by her reflected no injury and that her clothes were seen in a normal condition.
“It appears not only improbable but also preposterous for an old man of seventy years of age to have physically assaulted Respondent No.2 in such a manner, torn her clothes and to have inserted his finger in her private parts, in the presence of so many persons including his family members. The absurdity of the allegations alone belies the case of Respondent No.2,” the Court said.
It added that a stay was granted on the impugned order merely two days after the same was passed and that no FIR was formally registered in the intervening period.
“In view of the aforesaid discussion, impugned order as well as FIR, if any, registered at Police Station Vasant Kunj pursuant to the impugned order are quashed,” it said.
For the Petitioner : Mr. Saket Sikri, Mr. Gautam Khazanchi & Ms. Pooja Deepak, Advs.
Mr. Ajay Vikram Singh, APP for the State.
For respondent 2 : Mr. Archit Upadhayay (DHCLSC)
Title: LT GEN INDERJIT SINGH AVSM VSM (RETD) v. STATE OF NCT OF DELHI & ANR