'Victim Is A Journalist, Prudent Woman': Allahabad High Court Stays Rape Case Proceedings Against Army Naik

The Court also factored in the statement of a hotel manager, who categorically stated that the victim and the accused had visited a hotel together, introducing themselves as friends.

Thus, noting that the matter required consideration, a bench of Justice Rajeev Singh stayed the proceedings against the accused and scheduled the case for a hearing in the second week of January 2025.

The case against the accused was filed in 2023 under Sections 328 (Causing hurt by means of poison, etc., with intent to commit an offence), 376 (Rape), 377 (Unnatural offence), 313 (Causing miscarriage without the woman's consent), and 506 (Criminal intimidation) of the IPC. The allegations state that the accused engaged in a physical relationship with the victim under the promise of marriage but later denied marrying her.

On the other hand, the counsel for the accused applicant (Advocate Sachin Tiwari) argued that his client met the victim, a 26-year-old journalist, on a matrimonial website, started communicating, and developed a relationship.

However, the applicant's family decided against the marriage based on specific inputs, but the victim insisted that the applicant marry her despite this decision. After that, the impugned FIR was filed, in which a chargesheet was filed and summons issued.

It was further contended that the FIR was filed based on false averments after he refused to marry her, and during the investigation, the victim denied a medico-legal examination.

It was lastly submitted that it is an admitted fact that the victim joined the company of applicant on her own and she was in relationship with him since 2022, but all these facts were not considered by the Investigating Officer while filing the chargesheet.

Against the backdrop of these submissions, the Court directed that until further order, impugned proceedings shall remain stayed.