The Supreme Court has quashed a rape case against a retired army officer, Captain Rakesh Walia, citing concerns about the credibility of the allegations made by the complainant. The court noted that the complainant had lodged similar complaints against eight other individuals and had not cooperated with the police investigation or appeared before the court despite receiving a notice.
The decision was made by a bench led by Justice Sudhanshu Dhulia, which highlighted that the case represented an abuse of the legal process. The judgment was pronounced on February 25 but was only uploaded recently. The court emphasized that such circumstances warranted the use of the high court’s inherent powers under Section 482 of the Code of Criminal Procedure (Section 528 of the Bharatiya Nyaya Sanhita) to quash the proceedings.
The complainant, a 39-year-old woman living separately from her husband and mother to two daughters, alleged that she met Walia through Facebook while seeking job opportunities. She claimed that after meeting for a supposed modeling assignment on December 29, 2021, at the Chhatarpur metro station, she was drugged and assaulted by Walia. However, these claims were brought into question by Walia’s defense, which presented evidence of his longstanding service and reputation, including his career as a decorated army officer and author of several bestsellers.
Justice Dhulia’s bench expressed significant concern over the pattern of accusations made by the complainant, noting the filing of nearly identical cases across different police stations in Delhi, involving serious offenses. The bench remarked on the absence of cooperation from the complainant with the investigative processes and her failure to appear in court as crucial factors in their decision.
