The Delhi High Court quashed a rape case against Lt Gen Inderjit Singh (Retd.), ruling the allegations “absurd” and unsupported by evidence. Justice Amit Mahajan said false cases damage reputation and misuse judicial process.
New Delhi: The Delhi High Court has given relief to a retired Army officer by quashing a rape case filed against him, calling the allegations “absurd” and without any supporting evidence.
In a detailed 22-page judgment, Justice Amit Mahajan observed,
“False cases have the effect of tarnishing an individual’s reputation in society and it is the duty of the Court to take into account attending circumstances as well as the material collected during investigation.”
The petition was filed under Section 482 of the Code of Criminal Procedure (CrPC) by Lt Gen Inderjit Singh AVSM VSM (Retd.), who had challenged the order of a Metropolitan Magistrate dated August 26, 2020.
The order was based on a complaint made by his neighbour under Section 156(3) CrPC, which had led to the direction for registration of an FIR against him for attempt to rape and several other offences including Sections 376 read with 511 IPC, 307, 320, 323, 339, 354, 354A, 354B, 355, 503, 506 and 509 IPC.
The neighbour alleged that on April 28, 2020, while she was in a nearby park, the retired officer followed her, snatched her phone, attacked her, pressed her breast, tore her clothes, and attempted to rape her.
She further claimed that he inserted his fingers in her private parts and tried to drag her inside his house, but she was saved when her mother intervened.
Taking note of the serious nature of the allegations, the magistrate had directed the police to register an FIR and even questioned why the Station House Officer (SHO) had carried out a detailed inquiry before filing the case.
However, Justice Mahajan pointed out that a proper inquiry had already been conducted by the police, which included questioning eyewitnesses, residents of the locality, and members of the Resident Welfare Association.
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That inquiry did not find any evidence to support the complainant’s claims. The Court stressed that this evidence could not be ignored.
The court said,
“While the deferring of registration of FIR for carrying out a preliminary enquiry may not be the appropriate course of action, once such an enquiry is done, this Court cannot remain blind to the overarching material found in favour of the petitioner. Even otherwise, the petitioner has also invoked the inherent jurisdiction of this Court and this Court is not precluded from looking into any material that has been placed on record,”
The Court also highlighted several inconsistencies in the woman’s account. The medical report dated May 2, 2020, showed no external injuries on her body, while videos taken right after the alleged incident showed her clothes in normal condition. Local residents and witnesses also did not support her story.
Justice Mahajan remarked,
“It appears not only improbable but also preposterous for an old man of seventy years of age to have physically assaulted Respondent No.2 in such a manner, torn her clothes and to have inserted his finger in her private parts, in the presence of so many persons including his family members. The absurdity of the allegations alone belies the case of Respondent No.2.”
The Court held that the accusations were not just improbable but also “absurd” and completely unsupported by credible evidence. It added that if such a case was allowed to continue, it would amount to harassment of the retired officer.
Justice Mahajan said,
“Considering the aforesaid discussion in relation to the absurd nature of the allegations which are not supported by a shadow of credible evidence, in the opinion of this Court, continuation of proceedings will be an abuse of process of law. Subjecting the petitioner to suffer the tribulations of trial in such circumstances would be tantamount to miscarriage of justice and the same warrants interference by this Court.”
The High Court noted that the magistrate’s order had already been stayed just two days after it was passed, and in that time, no FIR had been formally registered. Finally, the Court concluded by quashing the proceedings completely.
The Court held,
“In view of the aforesaid discussion, impugned order as well as FIR, if any, registered at Police Station Vasant Kunj pursuant to the impugned order are quashed,”
The case was argued by Mr. Saket Sikri, Mr. Gautam Khazanchi & Ms. Pooja Deepak on behalf of the petitioner. For the State, Mr. Ajay Vikram Singh, APP appeared, while Mr. Archit Upadhayay (DHCLSC) represented the complainant.
Case Title:
Lt Gen Inderjit Singh AVSM VSM (Retd) v. State of NCT of Delhi & Anr.
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