'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases

The Supreme Court recently quashed all criminal proceedings in a rape case against a former Indian Army officer, Rakesh Walia, after finding the complaint to be unbelievable.

The Court found that the complaint was nothing but an "abuse of the process of law",  because apart from her statements, there was no evidence on record. Moreover, the Court found that the same complainant had filed eight other identical FIRs against different individuals across different police stations in Delhi but refused to cooperate after the police began the investigation.

"Apart from her statement in the FIR and her statement under Section 164 of the Criminal Procedure Code, 1973 (as per new act, under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023), there is no other evidence on record. However, what is most concerning before this Court is that the same respondent has filed nearly identical cases at least against eight other individuals (nine cases in total). These FIRs, lodged in different Police Stations across Delhi, involve offenses under Sections 34, 328, 354, 354A, 354D, 376, 377, 506, and 509 of IPC. Additionally, we have been informed that after lodging the FIR, the complainant has not cooperated with the investigation and has not appeared before this Court despite being served with notice."

The complainant alleged when she met the Appellant regarding a modelling assignment, he offered her a cold drink, which was spiked, and when she fell unconscious, he raped her. Refuting the allegations,  the appellant claimed he had met her regarding the services she offered for promoting his books. He stated that he was the author of five books, some of which are claimed to be best sellers. 

A bench of Justices Sudhanshu Dhulia and K. Vinod Chandran observed that this was a fit case where the Delhi High Court should have exercised its powers under Section 482 of the Code of Criminal Procedure (Section 528 of the Bharatiya Nagarik Suraksha Sanhita) to quash the proceedings.

Since the High Court had dismissed the petition filed by Walia to quash the proceedings, the Supreme Court set aside the order and quashed all proceedings.

"Considering the nature of the case and the cumulative circumstances, we are of the opinion that the criminal case initiated against the appellant is nothing but an abuse of the process of law. This is precisely the nature of case where the High Court ought to have exercised its inherent powers under Section 482 Cr.P.C. (as per new act, under Section 528 B.N.S.S.) and should have quashed the proceedings."

For Appellant(s) : Mr. Ashwani Kumar Dubey, AOR Mr. Adwait Ghosh, Adv. Mr. Chandra Shekhar, Adv.

For Respondent(s) : Mr. Brijender Chahar, A.S.G.,Mr. Mukesh Kumar Maroria, AOR Mr. Raman Yadav, Adv. Mr. Advitya Awasthi, Adv. Mr. Santosh Kumar, Adv. Mr. Nar Hari Singh, Adv. Mr. Sarthak Karol, Adv. Mr. Amit Sharma V, Adv.

Case Details: RAKESH WALIA v. STATE OF NCT OF DELHI & ANR| SLP (Crl.) No.14850 of 2024)

Citation : 2025 LiveLaw (SC) 282

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