'Blackmailing Case; Unfortunate That Lady Made Rape Allegation Against Accused Who Was Not In India': P&H High Court Quashes FIR

The Punjab and Haryana High Court last week quashed an FIR registered against a man on the allegations of committing gang rape against the alleged victim as it observed that at the time of the commission of the alleged offence, the accused was out of the Country.

Noting that as per the Investigating Officer, the accused was in London at the time when the offence of rape has been alleged to have taken place, the bench of Justice Jagmohan Bansal termed it to be a case of blackmailing as well as misuse of the process of law.

"In view of the admitted position that on the day of alleged incident, the petitioner was out of country, it is highly improbable to believe that the petitioner has committed alleged offence. It is apt to mention here that prosecutrix has turned hostile qua three accused which further indicates act and conduct of the prosecutrix...It is unfortunate that a lady is making allegations of rape against a man who was not in India, the Court remarked

The bench further added that this type of allegation needs to be deprecated because as it becomes very difficult for the Court to decipher genuine case(s) from such types of cases.

The bench was essentially dealing with the quashing plea of one Varinder Kumar @ Vicky booked under Sections 376-D, 506, 342, 120-B of IPC and Section 3/4/5/6 of Immoral Traffic (Prevention) Act, 1956.

He submitted before the Court that as per FIR, the alleged incident took place in the intervening night of 1/2.2.2019 and on the said day, the petitioner was out of India. He also submitted documents before the Investigating officer disclosing that he had left India on 26.01.2019, thus, there was no question of his involvement in the commission of the alleged offence on 1/2.2.2019.

In view of this, taking into account the Status report filed by way of affidavit of the Additional Charge DSP, Bathinda that the petitioner in fact left India on 26 January 2019, the Court went ahead to quash the FIR.

Case title - Varinder Kumar @ Vicky vs. State of Punjab and another

Case Citation: 2023 LiveLaw (PH) 37

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