2010 rape case: Man discharged as FIR lodged six years later

Image
Press Trust of India New Delhi
Last Updated : Dec 05 2016 | 2:57 PM IST
A man accused of raping a 30-year-old married woman in 2010 after allegedly making her consume a sedative-laced drink has been discharged by a fast track court here which said there was no valid justification for a delay of six years in lodging the FIR.
Additional Sessions Judge Praveen Kumar refused to frame charges against the man, a Delhi resident, under sections 376 (rape), 506 (criminal intimidation) and 323(voluntary causing hurt) of the IPC, observing that the complainant did not raise an alarm nor lodge a complaint against him for the alleged offences for six long years.
"No complaint was lodged by the woman till May 27, 2016, though she was allegedly raped by the accused for the first time on June 16, 2010. As per prosecutrix, she was raped for the last time on May 21, 2016. There is no valid justification for delay in lodging the FIR," the judge said.
It further said, "the delay of one or two days in lodging the FIR may be bonafide, reasonable and justified in the facts and circumstances of a given case. However, in the present case there is delay of more than six years in lodging the FIR. Prosecutrix neither raised alarm/hue and cry nor immediately lodged report with the police against alleged forcible sex."
The court also rejected the claim of the woman that the accused had threatened and blackmailed her all these years with their obscene videos, saying no such videos were recovered by the police during investigation.
According to the prosecution, the woman, a mother of two children, lodged a complaint in May this year alleging that the accused, with whom she had professional relations, came to her house in June 2010 and after making her consume a sedative-laced drink, he raped her.
Thereafter, he repeatedly raped her while blackmailing her with their pictures and videos, she had claimed.
During the proceedings, the accused had contended that he knew the complainant and he had helped her financially as she had problems with her husband.
When he asked her to return his money, she falsely implicated him in this case, he had said.
The judge, while passing the order, said, "After sifting and weighing the evidence for the limited purpose of finding out whether or not a prima facie case is made out against the accused, I am of the opinion that the materials placed before the court do not disclose grave suspicion against the accused for framing a charge against him for committing the offences...Accordingly, accused in the present case is discharged.

Disclaimer: No Business Standard Journalist was involved in creation of this content

*Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Exclusive premium stories online

  • Over 30 premium stories daily, handpicked by our editors

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: Dec 05 2016 | 2:57 PM IST

Next Story