Delhi High Court Quashes FIR Against Retired Army Officer Over Sexual Assault Allegations
Allegations Against 72-Year-Old Army Veteran Deemed Improbable and Absurd; Court Terms Proceedings as Abuse of Law
The Delhi High Court, in a significant ruling, quashed the FIR and legal proceedings against a 72-year-old retired Army officer, Lt. Gen. Inderjit Singh Avsm Vsm, accused of sexual assault by a neighbor. The judgment, delivered by Justice Amit Mahajan, highlighted the inherent improbability and absurdity of the allegations, terming the continuation of the proceedings as an abuse of legal process.
The case stemmed from a complaint by the neighbor, who alleged that the retired officer attempted to sexually assault her in a park adjacent to their residences. The complainant claimed the incident occurred during the night when she was in the park to gain better cellular reception. However, the High Court found significant discrepancies and lack of credible evidence in the allegations.
Justice Mahajan's judgment emphasized that the accusations lacked corroboration from independent witnesses and that findings from a police inquiry supported the improbability of the allegations. The court noted that none of the eyewitnesses corroborated the complainant's version, and video evidence suggested no signs of physical assault or disarray in the complainant's appearance immediately following the alleged incident.
The court further criticized the mechanical approach of the Magistrate in ordering the registration of the FIR, without adequately considering the police inquiry's findings that favored the petitioner. It noted the necessity for judicial discretion and caution, especially in cases involving serious allegations like sexual assault.
The High Court applied the legal principles laid out by the Supreme Court in previous judgments, asserting that judicial intervention is warranted where allegations are inherently absurd or improbable. The court highlighted the need to prevent abuse of the judicial process and to safeguard individuals from frivolous and vexatious litigation.
The judgment also took into account the prior animosity between the parties and the complainant's history of making exaggerated allegations, further questioning the credibility of the accusations. The court concluded that subjecting the retired officer to trial would result in a miscarriage of justice.
In light of the ruling, the High Court quashed the impugned order and any FIR that might have been registered against the petitioner, effectively bringing an end to the legal proceedings. The judgment serves as a reaffirmation of the judicial system's commitment to protecting individuals from unjust prosecution and maintaining the integrity of legal processes.
Bottom Line:
Allegations of sexual assault made by Respondent No.2 against a decorated senior citizen and retired army officer deemed inherently improbable and absurd after detailed inquiry. Continuation of proceedings was deemed an abuse of the process of law.
Statutory provision(s):
- - Code of Criminal Procedure, 1973, Section 482
- - Indian Penal Code, 1860, Sections 376, 511, 354, 506
- - Code of Criminal Procedure, 1973, Section 156(3)
