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2010 Rape Case: Man Discharged for a Delay of Six Years in Filing the FIR

New Delhi, December 6, 2016: A man was discharged by a fast track court due to lack of valid justification for a delay of six years in filing a FIR. In 2010, the man had allegedly raped a 30-year-old after spiking her drink with a sedative.

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Praveen Kumar, the Additional Sessions Judge refused to charge the Delhi resident under the sections 376 (rape), 506 (criminal intimidation) and 323 (voluntary causing hurt) of the IPC, because the plaintiff had not lodged a FIR for the offences for six years.

According to PTI, the judge said, “No complaint was lodged by the woman till May 27, 2016, though she was allegedly raped by the accused for the first time on June 16, 2010. As per prosecutrix, she was raped for the last time on May 21, 2016. There is no valid justification for the delay in lodging the FIR”.

The judge further said that a delay of one or two days would be justified given the circumstances of the given case but the FIR was lodged after six whole years and the accuser did not raise alarm and cry or even lodge a report with the police against the alleged criminal for forcible sexual contact.

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The court also rejected charges claiming that the accuser was being blackmailed and threatened by the alleged man with obscene videos because no evidence of the existence of such videos was recovered during the investigation by the police.

According to the prosecution, the woman who is a mother of two children had professional relations with the accused who came into her house in June 2010 and on serving her a sedative-laced drink, raped her. The woman filed a complaint with the police this year.

The woman claimed that he repeatedly raped her while blackmailing her with their obscene pictures and videos. According to PTI, the accused claimed to help his opposition financially as she had problems with her husband and when he asked for his money, she falsely accused him of the atrocity.

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According to the PTI report, the judge said, “After sifting and weighing the evidence for the limited purpose of finding out whether or not a prima facie case is made out against the accused, I am of the opinion that the materials placed before the court do not disclose grave suspicion against the accused for framing a charge against him for committing the offences…Accordingly, accused in the present case is discharged.”

-prepared by Shivam Thaker of NewsGram with PTI inputs. Twitter: @Shivam_Thaker.

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