The Delhi High Court recently set aside a Look Out Circular (LOC) and the proclaimed offender tag against an Australian citizen booked in a rape case after he claimed he had been “honey-trapped”.
The man had also levelled allegations against Delhi Police officials, after which the High Court earlier transferred the investigation to the Central Bureau of Investigation (CBI).
In an order dated March 18, Justice Swarana Kanta Sharma recorded that the investigating agency had remained in contact with the man. The Court also noted that he had responded to notices and provided documents during the probe.
The Court observed that the man was never informed during these interactions that he had already been declared a proclaimed person and shown as an absconder in the case. It held that in such circumstances, he could not be treated as someone deliberately avoiding the law.
“A person who is in continuous communication with the investigating agency and is responding to its directions cannot, in the ordinary course, be said to be absconding or concealing himself from the process of law. Moreover, the failure of the investigating agency to inform the petitioner about the proclamation proceedings, despite being in regular contact with him, assumes significance and lends credence to the petitioner's contention that he was kept unaware of the same,” said the court.
The case relates to allegations by an 18-year-old woman that the man raped her at a hotel in south Delhi in March 2018. She later filed a police complaint after which a first incident report (FIR) was registered against him for rape and criminal intimidation under the Indian Penal Code (IPC).
Subsequently, the man alleged that he had been forced to pay money by the woman, her relatives and certain police officials. Based on his complaint, another FIR was registered for offences including extortion and criminal conspiracy.
In January 2020, the High Court transferred the investigation in both FIRs to the CBI.
Before the investigation was transferred, the trial court issued non-bailable warrants against the man and later began proclamation proceedings against him.
In December 2019, the court declared him a “proclaimed person” as he was considered to be absconding after failing to appear before the court. A Look Out Circular (LOC) was also issued to alert immigration authorities.
The High Court noted that the authorities were aware that the man had left India in March 2018 and was living in Australia. However, the court found that no steps were taken to serve notices at his address abroad or through official channels meant for serving documents outside India.
“Despite knowledge of the petitioner’s presence abroad, no meaningful steps were taken to ensure proper service before initiating proclamation proceedings,” said the court.
The Court also took note of the COVID-19 pandemic and the global travel restrictions imposed after March 2020. It recorded that the man, who was in Australia, had sought permission from Australian authorities to travel to India to join the investigation but his request was declined.
In these circumstances, the Court said his inability to appear in India during the pandemic could not be held against him.
The Court set aside the trial court’s order declaring him a proclaimed person and quashed all actions that followed, including the LOC.
However, the Court directed the man to appear before the trial court within four weeks and said the trial court would continue proceedings in the rape case in accordance with law.
Senior Advocate Maninder Singh along with advocates Aekta Vats and Janvi appeared for the accused Australian man.
Special Public Prosecutor Anubha Bhardwaj appeared for the CBI along with advocates Ananya Shamshery and Vijay Misra, along with Avinash, the investigating officer.
[Read Order]