FIR Quashed in Rape Case – Glaring Inconsistencies and Malicious Intent: Delhi High Court
In a significant judgment, the Delhi High Court has quashed an FIR registered under Sections 354/354A/376 IPC, citing multiple inconsistencies in the complainant’s allegations and malicious intent behind the initiation of the criminal proceedings. The case involved allegations of sexual harassment, rape and assault against the petitioner, Surendra Nayar.
The court’s observations were clear in highlighting the key reasons for quashing the FIR. Notably, the delay in filing the complaint was a crucial factor, with the petitioner’s counsel pointing out the vagueness of the allegations, which lacked specific incident details.
Furthermore, the court highlighted substantial contradictions between the FIR, the prosecutrix’s statement under Section 164 Cr.P.C., and representations made to the Delhi Commission for Women. This raised serious doubts about the veracity of the claims.
The absence of medical and forensic evidence to support the allegations was another significant point of concern for the court. The refusal of the prosecutrix to undergo internal medical examination and the non-submission of relevant clothing for forensic analysis cast doubt on the credibility of the accusations.
The court also noted a possible malicious intent behind the proceedings. It deduced that the primary motive for filing the FIR might have been to pressurize the petitioner into fulfilling financial demands related to gratuity, to which the prosecutrix was not legally entitled.
The judgment emphasized the alarming trend of false cases and maliciously instituted proceedings and underscored the importance of scrutinizing such cases to protect the rights and reputation of the accused.
The petitioner, an 85-year-old senior citizen, found relief in the court’s decision, which took into consideration the petitioner’s age and the improbable nature of the allegations. This ruling serves as a reminder of the importance of a fair and thorough examination of allegations in cases of this nature.
The judgment sets a significant precedent in addressing cases where malicious intent and inconsistencies in allegations cast doubt on the credibility of complaints related to sexual harassment and assault.
Date of Decision: 20 October 2023
SURENDRA NAYAR VS STATE & ANR.
