HC refuses to quash rape charge against man

Delhi High Court today refused to quash rape charges against a man, observing that it cannot be inferred that the "somersault" by the woman was "genuine".
"There are specific and clear allegations against the petitioner in the statement of the complainant on the basis of which the FIR in question was lodged. She reiterated her version in her 164 (Recording of confessions and statements) CrPC statement before Magistrate," Justice S P Garg said.
Weeks after the woman had lodged an FIR against a person accusing him of rape, the prosecutrix sent a letter to the SHO denying allegations levelled by her in her earlier complaint. This statement was recorded by the police under 161 CrPC.

The accused then moved the high court seeking quashing of the complaint on the ground that the prosecutrix had retracted her earlier statement and continuance of criminal proceedings against him would be an abuse of the process.
Dismissing the man's plea, the judge observed that, "since there are specific allegations against him in the chargesheet filed against him, I find no sufficient and valid ground to quash the FIR/chargesheet and other proceedings emanating from it".
"When the petitioner was declined anticipatory bail by the court below and by this court, seemingly attempts were made by him to prevail upon the prosecutrix to resile from her previous statement," it added.

The court observed "it is to be ascertained during trial as to how and in what circumstances, the prosecutrix denied her earlier version or whether it was due to some threats or pressure. It cannot be inferred at this stage that the somersault by the prosecutrix is a genuine one".
The court noted in its 7-page order that there was every chance of the woman being influenced by the man for a settlement or compromise.
"It would not be safe to consider the subsequent changed version to quash the FIR/Chargesheet particularly when all attempts of the petitioner to seek anticipatory bail proved futile," the court said.