The Supreme Court temporarily halted a rape trial against a retired army officer, who claims the complainant has a history of filing false cases, including six similar allegations. The Court has directed the State to verify these claims and submit a sworn affidavit within three weeks, with the next hearing set for February 19, 2025. Meanwhile, trial proceedings remain stayed.
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NEW DELHI: The Supreme Court paused the criminal proceedings in a rape case against a retired army officer who claims the complainant has a pattern of filing false cases.
A panel of Justices Sudhanshu Dhulia and Vinod Chandran discussed the case on Thursday. During the hearing, the Additional Solicitor General (ASG), representing the State, promised to investigate the officer’s claim that the complainant had lodged six false cases against other individuals.
The Court has asked the ASG to provide a sworn affidavit about this matter within three weeks. The order mentioned,
“The learned Additional Solicitor General has made a statement at the Bar that they will verify as to whether the prosecutrix in the present case has filed six similar cases against different persons. An affidavit to that effect shall be filed within three weeks from today.”
The next hearing for the case is scheduled for February 19, 2025.
Until then, the trial against the accused officer in Saket Court, New Delhi, will remain on hold.
Earlier, the army officer approached the Delhi High Court seeking to dismiss the chargesheet filed in 2022. The case against him dates back to 2021 and includes charges under Sections 376 (rape), 377 (unnatural offences), 506 (criminal intimidation), and 328 (causing hurt by poison, etc.) of the Indian Penal Code, 1860.
The officer’s lawyer argued that the case was fabricated and that the complainant had a record of filing false cases of rape and other crimes against various people. The lawyer further accused the complainant of operating a “sextortion racket” and making fake allegations to blackmail individuals.
In July 2024, the Delhi High Court advised the petitioner to seek relief from the trial court. The High Court observed that the trial court had already been informed about the complainant’s alleged history of filing multiple similar cases.
The High Court also stated that while it had the authority to dismiss the case, it preferred not to intervene since the trial court could handle the matter appropriately. The order from July 31 noted,
“Concededly, the learned Trial Court is seized of the matter, and will pass an appropriate order after considering the arguments on behalf of the petitioner … It is not the case that the investigation or the proceedings before the learned Trial Court have been delayed … this Court does not consider it apposite to entertain the present petition.”
After the High Court’s decision, the retired army officer turned to the Supreme Court for relief.
The matter now awaits further action following the ASG’s submission of the required affidavit.
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