Tuesday, December 10, 2024

SC points discover on ex-Military officer’s plea for quashing cost sheet in rape case

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The Supreme Court docket on Tuesday (November 5, 2024) issued notices to the Delhi police and a girl on a plea by a former Military officer who sought quashing of a cost sheet towards him in an alleged rape case.

A Bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah whereas agreeing to look at the person’s plea issued the notices to the respondents.

Advocate Ashwani Kumar Dubey, showing for the petitioner, submitted {that a} wrongful and malicious prosecution had been initiated by the complainant.

Advocate Dubey claimed seven FIRs towards 9 totally different individuals, together with the petitioner, at seven totally different police stations, had been registered at her occasion within the final eight years.

The Bench posted the matter on December 6 for listening to.

The petitioner, Capt. Rakesh Walia (retired), had challenged a Delhi Excessive Court docket order dismissing his plea for quashing the chargesheet.

The Excessive Court docket in its order dated July 31 noticed the matter was earlier than the trial courtroom, which might think about the arguments on behalf of the petitioner, and cross an applicable verdict.

“Petitioner is a 63-year-old embellished officer of the Indian Military with vital medical illnesses, who has additionally suffered an enormous coronary heart assault and has two stents implanted. He was identified with most cancers and clinically declared as a extremely immune-compromised case,” submitted the plea.

The plea additional alleged the previous Military officer was a “sufferer of an unscrupulous abuser” of regulation whose modus operandi was to extort the “hard-earned cash of respectable residents like him” by misusing the rape and molestation legal guidelines.

It got here on file that through the COVID-19 lockdown someplace between 2019 and 2020, the complainant had acquired in contact with the petitioner claiming to be a social media influencer. The decision was concerning the promotion of his ebook titled “Damaged Crayons Can Nonetheless Color” on numerous social media platforms for a wider viewers attain.

In line with the plea, the petitioner was within the complainant’s provide and determined to avail her service in June 2021, quickly after the lockdown ended.

On December 29, 2021, the petitioner agreed to satisfy the complainant in individual to debate the modalities for the promotion of his autobiography and so they met on the Chhattarpur Metro Station following which they drove in direction of Noida, the plea said.

The petitioner, nonetheless, claimed that after he had dropped her off in Noida, he acquired a name from the native police at round 6 p.m., informing him concerning the girl’s grievance that he had sexually assaulted her at round 4.15 p.m. after drugging her.


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