A Delhi court last week framed rape charges and started trial against an accused — despite police filing a cancellation report in the case and stating that the complainant had levelled “false allegations”. Additional Sessions Judge Anu Gover Baliga said that although the evidence collected by police could not be corroborated, the complainant’s statement is “sufficient” to frame charges.
Defence counsel Anoj Kumar Singh had argued that the accused was entitled to be “discharged”, in view of the cancellation report filed by the investigating agency.
However, the court said: “No doubt the investigation carried out does point out that the statements of the prosecutrix could not be corroborated by any other evidence collected by the investigating agency. However, at this stage, this court cannot hold that the prosecutrix has made false allegations against the accused… as pointed out by the prosecutor, there is no irrefutable scientific evidence on record which negates her allegations.”
The alleged incident took place on April 26, 2009, in a house owned by a doctor in Chanakyapuri. The accused allegedly took the woman, also a domestic help, to the wall near the bathroom and raped her. However, a report by an NGO and police stated otherwise.
Following the incident, police roped in NGO Surakhsa to conduct an inquiry in the case. As per the NGO coordinator’s report, dated May 4, 2009, the place where the incident took place was an “open area”. There were two servants quarters near the toilet, where two families lived along with their children.
“She raised no hue and cry… the children play in the backyard till midnight. Therefore, the allegations are unbelievable as per her statement. The whole story is well-planned and fabricated… As such, in this situation, it’s difficult to believe that the rape has taken place at all,” the coordinator said in the report. She added that she was also threatened and pressured by the complainant’s associates.
Police, in its final report, said the complainant was “not reliable enough” and that the complaint was kept pending for verification due to “doubts” over the veracity of the allegations.
It added that police also recorded the statements of the residents of the house.
Police also said that the FSL report was not “supportive” of the complainant’s version, as “human semen” was detected only on one exhibit — the “pant of the accused”.
“Under these circumstances, there are no grounds to either arrest or file chargesheet… it is a fit case for cancellation of FIR as the complainant has levelled false charges of rape being committed upon her,” said the final police report.