While flagging the blatant misuse of female-centric laws particularly around false rape cases, the Supreme Court recently quashed all criminal proceedings in a rape case filed by a female model against an Ex-Indian Army officer, Rakesh Walia. The apex court found the complaint to be unbelievable.
In its order, the court categorically held that the complaint was nothing but an “abuse of the process of law”. According to the Court order, other than the complainant’s statements, there was no evidence on record. The court further stated that the complainant neither cooperated with the investigating agencies nor appeared before the court despite service of notice.
Strikingly, in its order, the court stressed, “What is most concerning before this Court is that the same respondent has filed nearly identical cases at least against eight other individuals (nine cases in total). These FIRs, lodged in different Police Stations across Delhi, involve offenses under Sections 34, 328, 354, 354A, 354D, 376, 377, 506, and 509 of IPC. Additionally, we have been informed that after lodging the FIR, the complainant has not cooperated with the investigation and has not appeared before this Court despite being served with notice.”
Case details
In the FIR, the complainant stated that she is a housewife, aged about 39 years and has two daughters. She was living separately from her husband for the last three years. According to her claim, she had previously worked as a freelance model but left modeling. When she was looking for a job, she came into contact with Mr. Walia through Facebook.
When she contacted him, he assured her of a job opportunity. For the same, he asked her to meet him regarding a modelling assignment. After initially declining it, she claims that Walia persistently requested her after which she agreed to meet him on 29.12.2021 at Chhatarpur Metro Station in the afternoon.
She continued further in her complaint stating that afterwards she got into his car. He then offered her a spiked cold-drink. According to her allegations, after consuming it, she lost consciousness. The accused, as per her complaint, then took her to a deserted place, where she was molested and raped.
However, on his part, the former Indian Army officer stated that he had met her regarding the services she claimed to offer for promoting his books. He stated that he was the author of five books, some of which are claimed to be best sellers.
Also Read: 74% of all rape cases filed in India are fake
Following the arguments, the bench of Justices Sudhanshu Dhulia and K. Vinod Chandran observed that this was a fit case where the Delhi High Court should have exercised its powers and quashed the proceedings. Consequently, the Supreme Court set aside the HC order and quashed all proceedings.
Dismissing the rape case against the Ex-Indian Army officer, the apex court ruled, “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 case where the High Court ought to have exercised its inherent powers under Section 482 Cr.P.C. (as per new act, under Section 528 B.N.S.S.) and should have quashed the proceedings.”
In the backdrop of the rise in the number of false rape cases against Men, several Men’s rights advocacy groups and activists have been giving clarion call for the constitution of a National Commission of Men on the lines of National Commission of Women.
