The Supreme Court has agreed to hear a plea from a retired Army officer, Captain Rakesh Walia, seeking to quash a charge sheet filed against him in a rape case. Justices Sudhanshu Dhulia and Ahsanuddin Amanullah issued notices to the Delhi Police and the complainant, setting the next hearing for December 6.
Advocate Ashwani Kumar Dubey, representing the petitioner, argued that the prosecution was wrongful and malicious, claiming that the complainant had previously lodged seven FIRs against nine individuals over the last eight years, suggesting a pattern of abuse of the legal system.
The plea challenges a Delhi High Court ruling from July 31, which refused to quash the charge sheet, stating that the matter was already before a trial court poised to evaluate the merits of the case. Capt. Walia, a 63-year-old decorated veteran with significant health issues including cancer and heart ailments, contends that he is the victim of legal manipulation aimed at extorting money by misusing laws designed to protect against sexual offenses.
The incident at the heart of the case occurred on December 29, 2021, when, according to Walia, he met with the complainant post-lockdown to discuss promoting his autobiography, “Broken Crayons Can Still Colour.” The meeting, which started at Chhattarpur Metro Station and continued towards Noida, ended with the complainant accusing Walia of sexual assault after allegedly drugging her, a claim he firmly denies.
