Can’t Quash Rape Charges On Mere Somersault By Complainant: Delhi HC [Read Judgment]

It is to be ascertained during trial as to how and in what circumstances, the prosecutrix denied her earlier version or whether it was due to some threats or pressure, the court said.

The Delhi High Court has refused to quash rape charges against a person, observing that it cannot do so on a mere somersault by the complainant.

Weeks after she lodged an FIR against a person accusing him of rape, the prosecutrix sent a letter to the SHO denying allegations leveled by her in her earlier complaint. This statement was recorded by the police under 161 CrPC. The accused then moved the high court seeking quashing of the complaint on the ground that the prosecutrix had retracted her earlier statement, there is no likelihood of conviction and continuance of criminal proceedings against him would be an abuse of process.

The court observed that, in her complaint, the prosecutrix had attributed specific and definite role to the accused to have committed rape upon her on the pretext to provide job in his office. ‘ When the petitioner was declined anticipatory bail by the court below and by this court, seemingly attempts were made by him to prevail upon the prosecutrix to resile from her previous statement,’ Justice SP Garg observed.

Dismissing his petition, the court observed that circumstances under which the prosecutrix denied her earlier version or whether it was due to some threats or pressure cannot be inferred at this stage and can be ascertained only during trial.

‘There is every chance of her being influenced by the petitioner for a settlement/compromise. It would not be safe to consider the subsequent changed version to quash the FIR/charge sheet, particularly when all attempts of the petitioner to seek anticipatory bail proved futile,’ the court said.

Read the Judgment here.

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