Victim's Character, No Matter How Blemished, Can't Be Weaponised Against Her To Imply Consent: Delhi High Court

The Delhi High Court has observed that the character of a victim, "no matter how blemished, cannot be weaponised against her to imply consent" in rape cases.

Justice Amit Mahajan said that even a willing companion who accompanies a client in lieu of some consideration can be the victim of rape.

The Court made the observations while dealing with a rape accused's plea seeking quashing of an FIR against him. He, a married man, was accused of rape and unnatural sex on the pretext of marriage.

The complainant had alleged that the accused sexually assaulted her after spiking her drink and later continued physical relations on a false promise of marriage while also taking money from her.

It was alleged that the accused took around Rs. 8 lakhs from her, also asked further Rs. 10 lakhs from her and threatened to make her photos and videos viral if she did not give the said amount.

The accused casted aspersions on the woman's character by alluding to her implication in a case for offences under the Immoral Traffic (Prevention) Act, 1956, on account of the previous cases instituted by her on similar allegations which resulted in acquittal. It was his case that she herself stated that she demanded money for giving company to him.

While the judge quashed the case, it was observed that merely because the complainant was willing to accompany the accused for some money, the same does not indicate that she was also willing to establish sexual relations with him.

“This Court thus considers it apposite desist from making any remarks against Respondent No.2 in relation to her prior complaints as well as the other allegations made in the pleadings before this Court,” the Court said.

It added that the Court cannot remain blind to the implausibility of the allegations as well as the manifest discrepancies in the versions of the complainant which didn't merit continuation of prosecution due to the dearth of corroborating evidence.

The Court observed that the case was riddled with inconsistencies and lacked corroborative evidence.

“This Court cannot be blind to the fact that with the passage of time, there has been an increasing tendency of weaponizing law to wreak vengeance after souring of relationships, which has a chilling effect on genuine survivors. 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.

“The entire premise of the case which involves the parties entering into a relationship and entering into sexual relations on the false promise to marry only a few days after meeting appears to be doubtful given the lack of any cogent material to support the same. All the factors point toward the allegations being made with a motive to implicate the petitioner,” it added.

The court thus allowed the accused's plea. 

Title: PARAG PRAKASH RUDRANGI v. STATE & ANR.

Citation: 2025 LiveLaw (Del) 1453

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