The Supreme Court cancels the rape file against the former Indian army officer; Notes the applicant filed 8 other cases of rape

The Supreme Court recently canceled all criminal procedures in a rape file against a Former Indian army officer Rakesh WaliaAfter finding that the complaint is unbelievable.

The court found that the complaint was nothing more than an “abuse of the law process”, because, apart from its statements, there was no evidence. Moreover, the court found that the same plaintiff filed eight other identical threads against different people in different police stations in Delhi, but refused to cooperate after the police started the investigation.

“Apart from her statement in Fire and her statement under section 164 of the Criminal Procedure Code, 1973 (according to the new act, in accordance with section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023), there is no other evidence in case of registration. The same respondent has submitted almost identical cases at least against eight other persons (nine cases in total). These threads, filed in different police stations in Delhi, involve offenses in accordance with sections 34, 328, 354, 354A, 354D, 376, 377, 506 and 509 of the CBC. In addition, we were informed that, after submission, the applicant did not cooperate with the investigation and did not appear in front of this court, despite being communicated with notification. “

The applicant claimed when he met the appellant about a modeling mission, he offered a cold drink, which was touched, and when he fell unconsciously, raped. Refusing the accusations, the appellant claimed that he met him about the services he offered to promote his books. He said he was the author of five books, some of them were claiming to be the best sellers.

A bank of Justice Sudhanshu Dhulia and K. Vinod Chandran He noted that this was a suitable case in which the High Court of Delhi should have exercised its powers under section 482 of the Criminal Procedure Code (section 528 of Bharatiya Nagarik Suraksha Sanhita) to interrupt the procedures.

As the High Court rejected the petition submitted by Walia to renounce the procedure, the Supreme Court annulled the order and canceled all the procedures.

“Given the nature of the case and the cumulative circumstances, we believe that the criminal file initiated against the appellant is nothing more than an abuse of the law process. This is exactly the nature of the case in which the High Court should have exercised its inherent powers under section 482 CR.PC (according to the new act, under the new act).

For the appellant: Mr. Ashwani Kumar Dubey, Aor, Mr. Adwait Ghosh, adv. Mr. Chandra Shekhar, adv.

For the respondent (I): Mr. Brijender Chacha, Asg, sir. MUKESH KUMAR MOROIA, AOR, Mr. Raman Yadav, adv. Mr. Avitya Awasthi, adv. Mr. Santosh Kumar, adv. Mr. Nar Hari Singh, adv. Mr. Sarthak Karol, adv. Mr. Amit Sharma V, adv.

Case details: Rakesh Walia v. NCT state in Delhi & ANR | SLP (Crl.) No.14850 of 2024)

Citation: 2025 Livelaw (SC) 282

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