Allegations of Rape and Caste-based Abuse Dismissed as Court Finds Relationship Consensual, Not Motivated by Caste Identity
In a significant ruling, the Delhi High Court has quashed the FIR against Dr. Avadesh Kumar, which alleged rape and caste-based abuse under Section 376 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The judgment was delivered by Justice Dr. Swarana Kanta Sharma, who found that the relationship between the accused and the complainant was consensual and not motivated by the complainant's caste identity.
The case stems from a complaint filed by the prosecutrix 'K', who alleged that Dr. Kumar had forcibly engaged in sexual intercourse with her and made derogatory caste-related remarks. The complaint led to the registration of an FIR at Police Station Wazirabad, Delhi. However, during the proceedings, it emerged that the relationship between the parties had been consensual and spanned several years.
Crucial to the court's decision were the verified WhatsApp conversations between Dr. Kumar and the prosecutrix, which did not support the allegations of forcible sexual intercourse or caste-based abuse. The court noted that the interactions indicated a mutual and affectionate relationship, undermining the claims made in the complaint.
The judgment also highlighted the prosecutrix's delay in filing the FIR, which was lodged approximately five months after the alleged incident, as well as the lack of medical evidence supporting the allegations. The court emphasized that the material on record, including the WhatsApp chats, demonstrated a consensual relationship, with no evidence of coercion or false promise of marriage.
Addressing the invocation of the SC/ST Act, the court found no evidence to suggest that the alleged offence was committed on the ground of the prosecutrix's caste identity. Justice Sharma reiterated the principle that the offence must be motivated by caste identity to attract the provisions of the SC/ST Act.
In quashing the FIR, the court cautioned against the misuse of protective legislation, noting that such cases burden the justice system and cause undue harm to the accused. The ruling underscores the importance of discerning genuine grievances from attempts to settle personal scores through legal means.
Bottom Line:
FIR under Section 376 IPC and Section 3(2)(v) of SC/ST Act quashed. Allegations of forcible sexual intercourse and caste-based abuse not supported by material on record. The relationship deemed consensual and not motivated by caste identity.
Statutory provision(s): Indian Penal Code, 1860 - Section 376, Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(v), Criminal Procedure Code, 1973 - Section 482, Evidence Act, 1872
Dr Avadesh Kumar v. State NCT of Delhi, (Delhi) : Law Finder Doc Id # 2842582
