The Supreme Court on Tuesday (February 25, 2025) dismissed the charge sheet in the alleged rape case against a former military officer, saying that it is ‘misuse of the law’ process.
Justice Sudhanshu Dhulia and Justice K. The bench of Vinod Chandran provided relief to Captain (Retired) Rakesh Walia and said that the Delhi High Court has made a mistake by deciding not to dismiss the charge sheet.
Walia challenged the Delhi High Court order to dismiss his petition against the charge sheet. Advocate Ashwini Kumar Dubey on behalf of the petitioner argued that the testimony of the complainant shows that no crime was committed and the FIR should be canceled.
Ashwini Kumar Dubey said that the woman used to run a ‘sextort’ (extorting sex acts) and lodged several FIRs against various persons and blackmailed them for money.
He said that wrong and malicious prosecution was run against his client. Ashwini Kumar Dubey said that on the complaint of the woman, in the last eight years, seven separate elements were registered against nine different people, including 63-year-old petitioner.
The High Court in its order on 31 July 2024 said that the matter is before the subordinate court, which will consider the pleas given by the petitioner and give a proper verdict. It came to the record that during the Kovid-19 lockdown between 2019 and 2020, the complainant contacted the petitioner claiming to be a social media ‘Influencer’.
This contact was in relation to the promotion of his book ‘Broken Crayons Can Still Color’. According to the petition, the petitioner was interested in the offer of the complainant and decided to take his service in June 2021 soon after the lockdown ended. The petition said that on 29 December 2021, the petitioner agreed to meet the complainant personally to discuss the methods of promoting his autobiography and met at Chhatarpur metro station, after which he walked towards Noida. Went.
The petitioner claimed that after leaving the woman in Noida, she received a call from the local police at around six in the evening, in which she was told about the woman’s complaint and said that the woman alleged that she alleged that she at around 4.15 pm He has sexually assaulted him.
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