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Mere denial from earlier complaint will not quash rape charges against accused: Delhi HC

  • The Delhi High Court refused the withdrawal of rape charges against a person stating that it cannot do so on mere renege by the complainant. The complainant in the present matter denied the allegation she had made earlier.

    The prosecutrix had lodged an FIR against a person accusing him of rape, but few weeks later to that she sent a letter to the SHO denying all such allegations leveled by her in the complaint. This statement of the prosecutrix was recorded by the police under 161 of CrPC. The accused moved to the High Court to get the complaint quashed on the ground that the prosecutrix had retracted her earlier statements and therefore there lies no further criminal proceedings against him.

    The Court observed that the prosecutrix, in her earlier complaint had specifically mentioned the role of the accused to have committed rape on her on the pretext to provide her job in his office. Justice S P Gag observed, ‘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.’

    The court dismissed his petition and further said that it shall 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 further stated that, ‘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.’


    OUR TAKE

    In a lot of rape cases the complainant unlawfully pressurizes and threatens to take back the complaint. They also offer money to the complainants to get away from the court proceedings but this is against the rules of natural justice. Therefore this decision of the court to deny the withdrawal of the rape orders is in favor of such complainants. 


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