The Supreme Court of India recently quashed all criminal proceedings in a rape case against former Indian Army officer Rakesh Walia, citing lack of evidence and abuse of legal process. The Court noted that the complainant had filed eight similar FIRs against different individuals across various police stations in Delhi, raising serious concerns about the legitimacy of the accusations.
The case stemmed from an FIR registered at Mehrauli Police Station, South Delhi, in 2021 under sections 376 (rape), 377 (unnatural offenses), 328 (causing hurt by poison), and 506 (criminal intimidation) of the Indian Penal Code. The complainant, a 39-year-old woman, alleged that Walia had offered her a modeling opportunity, drugged her with a spiked drink, and then raped her when she lost consciousness.
According to the FIR, the complainant, a former freelance model, met Walia through Facebook while searching for job opportunities. She claimed that Walia insisted on meeting her in person for a modeling assignment, and she eventually agreed. On December 29, 2021, she met him at Chhatarpur Metro Station, where she was allegedly drugged and sexually assaulted.
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The Supreme Court highlighted that there was no corroborating evidence apart from the complainant’s statements under FIR and Section 164 of the Criminal Procedure Code, now under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
"Apart from her statement in the FIR and under Section 164 Cr.P.C. (now Section 183 BNSS), 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 against eight other individuals in different police stations across Delhi."
The Court also noted that the complainant had refused to cooperate with the investigation after filing the FIR and did not appear in court despite being served notice.
The most striking revelation was that the complainant had lodged nine cases against different individuals, all carrying similar allegations. These cases involved offenses under IPC sections 34, 328, 354, 354A, 354D, 376, 377, 506, and 509. The appellant’s counsel presented a detailed chart listing these FIRs, which was taken on record by the Court.
Given this pattern, the Court deemed the case against Walia an abuse of the legal process, emphasizing that the Delhi High Court should have exercised its inherent powers under Section 482 of Cr.P.C. (now Section 528 of BNSS) to quash the proceedings earlier.
"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 the case where the High Court ought to have exercised its inherent powers under Section 482 Cr.P.C. (now Section 528 BNSS) and should have quashed the proceedings."
Supreme Court’s Final Verdict
The bench, comprising Justices Sudhanshu Dhulia and K. Vinod Chandran, set aside the Delhi High Court’s order and quashed all criminal proceedings against Walia.
"Under these circumstances, we see no reason why the appellant should be subjected to a process that is clearly an abuse of the process. Accordingly, the criminal proceedings initiated against the appellant, i.e., FIR No. 766 of 2021 of Mehrauli Police Station, South Delhi, is hereby quashed."
The Court granted leave to appeal and allowed the petition, thereby bringing the legal battle to an end in favor of the appellant.
Legal Representatives
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.
