Tanya Gupta
Published on: March 10, 2022, at 19:09 IST
In the Case of Capt. Simranjit Singh Sambhi Vs. State, First Information Report (FIR) registered by a Woman Accusing Rape by a Man on several occasions was Quashed by Delhi High Court on the Basis that First Information Report was Registered only after the Long-Term Relationship ended on Hostile Terms.
First Information Report was registered Under Sections 376(2) (n), 354, 354A of the Indian Penal Code (IPC).
The Woman Asserted that she was in a 3-Year Relationship with the Accused and he Falsely Promised her of Marriage.
She also stated that while her Mother and Sister were away, the Petitioner forced her to have Sexual Relations with him on the Promise of Marriage.
The Petitioner submitted that Complainant was in a Long-Term Relationship with him which eventually turned sour and subsequently the Petitioner is Falsely Accused.
It was also submitted that First Information Report was filed after a Delay of 4 Years and False Statements were given to the Police.
Noting that Subsequent Complaints had improvements such as Complainant stated that she was Administered Juice which made her Semi-Conscious whereas in a subsequent Statement before the Court she stated that she was Administered Wine.
Further, the Court noted,
“She did not file a Complaint and did not get herself Medically Examined which would have Substantiated that she had been given some Intoxicating Substance. In the FIR, it was stated that on 15.8.2017 when the Petitioner visited her house, her mother was in Punjab, attending the Funeral Last Rites of her Brother, whereas in her 164 statement she stated that her Mother is Bedridden and Unable to Walk.”
Noting further, Complainant had also accused Uncles and his Brother-in-law, the Court said,
“Section 90 IPC stipulates that Consent given Under Fear or Misconception cannot be said to be Consent. In this Context, it becomes Relevant to Factor in the aspect that the Prosecutrix was in a Long-Term Relationship, Therefore, it cannot be said that the Consent so accorded for Establishment of Physical Relationship was predicated upon Misconception of Fear.”
The Court noted that there were substantial discrepancies in Section 164 of the Code of Criminal Procedure (CrPC) that were not made in First Information Report.
“Apart from that, there are Notable Discrepancies in each of the Successive Complaints of the Petitioner, that make it seem that a Private Dispute is being Aggravated for Ulterior Purposes and the Law is being used as a Tool for Settling Scores,” the Court stated.
Also Read: Landmark Judgements on Quashing of FIR