"Story Appears False & Fabricated": Patna HC While Quashing Rape Case Against IAS Officer

The Patna High Court has quashed a rape case against a Bihar IAS officer, while observing that the story of the complainant appeared to be a false and fabricated one.

In that context, the Bench of Justice Sandeep Kumar observed that, "Considering the entire circumstances, I am of the view that no offence including the offence of rape is made out against the petitioner, inasmuch as, the complaint / F.I.R. has been lodged after a great delay and from reading of the complaint / F.I.R. the story propounded by the complainant / informant appears to be a false and fabricated one."

The petitioner filed a criminal writ petition seeking the quashing of an FIR registered under various sections of the Indian Penal Code and the Information Technology Act. The petitioner also sought to quash an order passed by the Additional Chief Judicial Magistrate, Danapur, which had directed the registration of the FIR under Section 156(3) of the Cr.P.C.

The complainant, a practicing advocate, alleged that in 2016, she was introduced to Gulab Yadav, an MLA, who promised her a position in the Women’s Commission. She claimed that Yadav raped her at gunpoint and later coerced her into an informal marriage by applying vermilion on her forehead. Subsequently, Yadav, along with another individual named Sanjeev Hans, allegedly raped her on multiple occasions in different hotels, after intoxicating her. The complainant claimed she became pregnant as a result and was forced to undergo an abortion, after which she gave birth to a child. However, Yadav denied paternity, asserting he had undergone a vasectomy, and suggested the child belonged to Hans.

The complainant alleged that the police refused to register the FIR due to the accused's influence, leading her to file a complaint with the Superintendent of Police and, later, a complaint case before the Magistrate. The Magistrate initially dismissed the complaint for lack of evidence but was later directed by the High Court to obtain a preliminary inquiry report. Following this, the Magistrate ordered the registration of the FIR. The petitioner, along with other accused, then moved to quash the FIR and the Magistrate’s order.

The High Court proceeded to observe that the petitioner's argument suggested that any sexual intercourse with the complainant must have been consensual, as she did not file any complaint for over five years after the alleged incidents. The Court found that the allegations made by the complainant against the petitioner appeared to be an afterthought, especially given her legal background and the delay in filing the complaint. The Court noted that the complainant, being a lawyer with over 14 years of experience, should have filed a case immediately if the allegations were genuine.

The significant delay in lodging the complaint and the lack of detailed allegations against the petitioner weakened the credibility of the claims.

Cause Title: Sanjeev Hans vs The State of Bihar & Ors.

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