The Supreme Court on Thursday stayed criminal proceedings in a rape case filed against a retired army officer who claimed that the complainant has a habit of filing false rape cases. .A Bench of Justices Sudhanshu Dhulia and Vinod Chandran heard the matter yesterday, when the Additional Solicitor General (ASG) who represented the State undertook to verify the army officer's claim that the complainant has filed six false cases against others.The ASG was directed to submit an affidavit on this aspect within three weeks.''The learned Additional Solicitor General has made a statement at the Bar that they will verify as to whether the prosecutrix in the present case has filed six similar cases against different persons. An affidavit to that effect shall be filed within three weeks from today," the order said..The Court has scheduled the matter for further hearing on February 19, 2025. Until then, the criminal trial proceedings pending against the accused army officer before a Saket Court in New Delhi will remain stayed..The army officer (petitioner) had earlier approached the Delhi High Court in the matter with a plea to quash the 2022 chargesheet in the rape case filed against him in 2021. The chargesheet cited the offences under Sections 376 (rape), 377 (unnatural offences), 506 (criminal intimidation), and 328 (causing hurt by poison, etc.) of the Indian Penal Code, 1860.The accused army officer's counsel contended that he had been falsely implicated and that the complainant has a history of filing false complaints of rape and other offences against various individuals. He further alleged that the complainant was running a "sextortion racket" and routinely fabricated allegations to extort individuals.In July last year, the High Court directed the petitioner to approach the trial court for relief. It noted that the trial court had already been informed of the complainant's alleged history of filing multiple similar cases..It acknowledged that it had discretionary powers to quash the proceedings, but noted that the trial court is equally competent to examine the matter and pass appropriate orders if no case is found against the petitioner."Concededly, the learned Trial Court is seized of the matter, and will pass an appropriate order after considering the arguments on behalf of the petitioner ... It is not the case that the investigation or the proceedings before the learned Trial Court have been delayed ... this Court does not consider it apposite to entertain the present petition," the High Court said in its July 31 order.This led the retired army officer to approach the Supreme Court for relief.
The Supreme Court on Thursday stayed criminal proceedings in a rape case filed against a retired army officer who claimed that the complainant has a habit of filing false rape cases. .A Bench of Justices Sudhanshu Dhulia and Vinod Chandran heard the matter yesterday, when the Additional Solicitor General (ASG) who represented the State undertook to verify the army officer's claim that the complainant has filed six false cases against others.The ASG was directed to submit an affidavit on this aspect within three weeks.''The learned Additional Solicitor General has made a statement at the Bar that they will verify as to whether the prosecutrix in the present case has filed six similar cases against different persons. An affidavit to that effect shall be filed within three weeks from today," the order said..The Court has scheduled the matter for further hearing on February 19, 2025. Until then, the criminal trial proceedings pending against the accused army officer before a Saket Court in New Delhi will remain stayed..The army officer (petitioner) had earlier approached the Delhi High Court in the matter with a plea to quash the 2022 chargesheet in the rape case filed against him in 2021. The chargesheet cited the offences under Sections 376 (rape), 377 (unnatural offences), 506 (criminal intimidation), and 328 (causing hurt by poison, etc.) of the Indian Penal Code, 1860.The accused army officer's counsel contended that he had been falsely implicated and that the complainant has a history of filing false complaints of rape and other offences against various individuals. He further alleged that the complainant was running a "sextortion racket" and routinely fabricated allegations to extort individuals.In July last year, the High Court directed the petitioner to approach the trial court for relief. It noted that the trial court had already been informed of the complainant's alleged history of filing multiple similar cases..It acknowledged that it had discretionary powers to quash the proceedings, but noted that the trial court is equally competent to examine the matter and pass appropriate orders if no case is found against the petitioner."Concededly, the learned Trial Court is seized of the matter, and will pass an appropriate order after considering the arguments on behalf of the petitioner ... It is not the case that the investigation or the proceedings before the learned Trial Court have been delayed ... this Court does not consider it apposite to entertain the present petition," the High Court said in its July 31 order.This led the retired army officer to approach the Supreme Court for relief.
