Seven FIRs for rape have been filed against nine people over eight years based on complaints from the victim. The Supreme Court has issued a notice regarding a former army officer’s request to dismiss the rape case linked to an alleged ‘Sextortion Racket’.
The Supreme Court has decided to review a petition from retired Army officer Captain Rakesh Walia, who wants to dismiss a chargesheet against him in a rape case. Justices Sudhanshu Dhulia and Ahsanuddin Amanuallah have issued a notice to the Delhi Police and the complainant, setting a hearing date for December 6. During the session, Walia was represented by lawyer Ashwini Kumar Dubey. In his Special Leave Petition (SLP), Walia pointed out that over the last eight years, the complainant has filed seven FIRs against nine different people, including him, at seven police stations. He claims these FIRs are part of a “sextortion racket” aimed at extorting money. The complainant has allegedly made similar accusations against nine individuals since 2014. Walia, who asserts he has no criminal history, argues that he is a victim of these false claims and that the complainant has a history of seeking help from various law enforcement agencies.
Captain Walia, a 63-year-old Army veteran with health problems, met the complainant during the COVID-19 lockdown. She introduced herself as a social media influencer who could promote his book, “Broken Crayons Can Still Colour.” Walia said he hired her in June 2021 for this purpose. However, on December 29, 2021, after discussing promotion strategies and dropping her off, he received a call from the Noida Police. The complainant accused him of drugging and assaulting her that same afternoon. The Delhi High Court had earlier rejected Walia’s request to dismiss the charges, stating the issue should be resolved in the trial court.
Walia’s lawyer pointed out inconsistencies in the complainant’s story, such as differences between her first report and later statements made under Section 164 of the Criminal Procedure Code, as well as issues in medical reports and her claims of being intoxicated. They noted that she refused medical exams, did not allow her clothes to be tested for evidence, and failed to prove her whereabouts during the alleged incident. The police submitted a “no-arrest” charge sheet, finding the claims lacked supporting evidence. Walia’s legal team referenced Supreme Court cases that suggest uncorroborated testimonies should be carefully examined for bad faith. They also argued that the Delhi High Court did not properly apply Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) to prevent misuse of legal processes, urging for the dismissal of both the FIR and the charge sheet against him.
The Delhi High Court, in its order from July 31, stated that there has been no delay in the investigation or the proceedings in the Trial Court. Therefore, the Court does not find it suitable to accept the current petition. The Trial Court is instructed to quickly review the arguments regarding the charges and make a decision based on the petitioner’s points. The petitioner can return to this Court if there are any remaining issues. The petition is concluded as mentioned.
Cause Title: Capt. Rakesh Walia (Retd.) v. State of NCT of Delhi & Anr. [SLP(Crl) No. 014850/2024]
