New Delhi [India], December 24 (ANI): Holding that a criminal trial cannot continue without strong suspicion, the Delhi High Court has dismissed the State’s challenge to a trial court order discharging three accused in a rape case, while also issuing directions to curb misuse of sexual offence complaints and victim compensation.
In a detailed judgment, Justice Swarana Kanta Sharma upheld the sessions court’s decision discharging the accused of offences under Sections 328 and 376 of the IPC.
The Court noted that although the complainant initially alleged sexual assault, she later gave a voluntary statement under Section 164 of the CrPC before a magistrate, clearly stating that the relationship was consensual and that no offence had been committed.
The State was represented by Naresh Kumar Chahar, who argued that the trial court had erred in discharging the accused despite the initial complaint and medical examination supporting the prosecution’s case. He contended that contradictions between statements should have been tested during the trial and not at the stage of the charge.
Opposing the plea, counsel for the accused, Lokesh Kumar Mishra, submitted that the complainant had voluntarily retracted her allegations before a magistrate and had consistently maintained that no offence was committed, thereby demolishing the prosecution’s case at the threshold.
Agreeing with the defence, the High Court observed that a statement recorded under Section 164 CrPC carries significant legal value as it is made before a judicial officer after ensuring voluntariness. When the prosecutrix herself completely withdrew her allegations and reaffirmed the same before the trial court, the Court held that no strong or grave suspicion survived to justify a trial, and continuing proceedings would amount to an unwarranted prosecution.
The Court also expressed concern over the misuse of rape laws, noting that false or withdrawn allegations cause serious harm to accused persons and weaken public confidence in genuine cases of sexual violence.
In addition, it flagged misuse of interim compensation under victim compensation schemes and directed trial courts to inform the Delhi State Legal Services Authority in cases where sexual offence proceedings are quashed or victims turn hostile, so that recovery of compensation can be examined in accordance with the law. (ANI)
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