Court Emphasizes Importance of Scrutinizing False Allegations; Directs Recovery of Compensation in Misuse Cases
In a significant ruling, the Delhi High Court, presided over by Justice Dr. Swarana Kanta Sharma, has upheld the discharge of accused individuals in a case involving allegations of sexual assault. The judgment, delivered on December 15, 2025, addresses the delicate balance between protecting genuine victims and preventing the misuse of legal processes and victim compensation schemes.
The case involved the State of GNCT of Delhi challenging the discharge of Toshib Alias Paritosh and others, who were accused under Sections 328 and 376 of the Indian Penal Code (IPC). The trial court had discharged the accused based on the absence of prima facie evidence following the prosecutrix’s retraction of her allegations in a statement recorded under Section 164 of the Code of Criminal Procedure (CrPC).
Justice Sharma's judgment underlines the evidentiary significance of statements made under Section 164 CrPC, which are recorded by a Magistrate to ensure voluntariness and absence of coercion. The court noted that the prosecutrix had explicitly stated her consensual involvement with the accused and exonerated them from the charges of rape, which justified the trial court's decision to discharge the accused.
The court emphasized the need for courts to carefully scrutinize false allegations in sexual offence cases, noting the severe consequences such claims have on the accused, including social stigma and psychological trauma. Justice Sharma cautioned against the erosion of public confidence in genuine cases of sexual violence due to false allegations, stressing that courts must ensure justice for all parties involved.
The judgment also addressed the misuse of victim compensation schemes, where victims receive interim compensation following an FIR but later retract their allegations or seek quashing of proceedings. The court directed the Delhi State Legal Services Authority (DSLSA) to ensure the recovery of compensation in cases where allegations are found to be false or withdrawn.
Justice Sharma issued guidelines for trial courts to inform DSLSA in cases where FIRs are quashed or victims turn hostile, enabling the authority to assess if recovery proceedings should be initiated. The court underscored the necessity of maintaining public trust in victim compensation frameworks by preventing misuse and ensuring accountability.
The judgment serves as a precedent for maintaining a fair and balanced judicial process, safeguarding both the rights of victims and the accused, while also preserving the integrity of public resources in compensation schemes.
Bottom Line:
Discharge of accused in cases involving sexual offences must be based on strong suspicion, and the Court must carefully assess the statement under Section 164 Cr.P.C. and other material on record to decide whether to frame charges or not.
Statutory provision(s):
- Indian Penal Code, 1860 Sections 328, 376
- Code of Criminal Procedure, 1973 Section 164
- Delhi Victim Compensation Scheme, 2018
- Indian Penal Code, 1860 Sections 182, 211
State of GNCT of Delhi v. Toshib Alias Paritosh, (Delhi) : Law Finder Doc Id # 2825333
