Court Finds Lack of Evidence and Consensual Conduct; Charges Under IPC and IT Act Dismissed
In a significant ruling, the Allahabad High Court has quashed the criminal proceedings against Neeraj Kumar and another in a case involving allegations of repeated rape and blackmail. The court, presided over by Justice Avnish Saxena, found that the charges lacked substantial evidence and highlighted the consenting nature of the victim's conduct over an extended period.
The case, which originated from an FIR filed on December 1, 2024, accused Neeraj Kumar of repeatedly raping a married woman and blackmailing her with indecent videos and photographs. The allegations also included charges against his cousin, who was accused of further blackmail attempts.
The court's decision rested on several key observations:
- 1. Delay in FIR: The FIR was filed with significant delay, and the court found no convincing explanation for this lapse. The delay raised questions about the credibility of the allegations.
- 2. Consensual Relationship: The court noted the prolonged intimate communications and frequent meetings between the victim and Neeraj Kumar, indicating a consensual relationship rather than one based on coercion.
- 3. Lack of Evidence: The court emphasized the absence of concrete evidence supporting the victim's claims, particularly regarding the alleged transfer of videos to her family.
- 4. Victim's Conduct: Justice Saxena observed that the victim, an educated married woman, continued to meet Neeraj Kumar over several months, which contradicted the narrative of coercion.
The judgment also touched upon the accused's interactions on social media and the lack of any substantive evidence against Neeraj Kumar's cousin regarding the transfer of videos or blackmailing.
Citing various precedents, the court underscored that the victim's actions appeared consensual and that proceeding with the trial would amount to an abuse of the legal process.
The court's ruling effectively quashes the Charge Sheet No. 70/2025 and the criminal proceedings in Case No. 1686/2025 against Neeraj Kumar and his cousin, clearing them of all charges under Sections 376(2)(n), 323, 506 of the IPC, and Section 67 of the Information Technology Act.
This judgment highlights the judiciary's cautious approach in distinguishing between consensual relationships and allegations of coercion, ensuring that legal proceedings do not become tools of harassment.
Bottom Line:
Allegations of repeated rape and blackmailing with indecent videos and photographs by the accused quashed on grounds of lack of evidence, delay in filing the FIR, and the victim's consenting conduct over a prolonged period.
Statutory provision(s): Indian Penal Code Sections 376(2)(n), 323, 506; Information Technology (Amendment) Act, 2008 Section 67; Criminal Procedure Code, 1973 Section 482
Neeraj Kumar v. State of U.P., (Allahabad) : Law Finder Doc id # 2853888
