Possibility Of False Implication Very Much Discernible: Kerala HC Quashes Rape Case Lodged After 16 Years Delay
The Kerala High Court quashed a rape case lodged after a delay of 16 years observing that possibility of false implication is very much discernible.
The Court was hearing a Criminal Miscellaneous Case filed under Section 482 of the CrPC by the petitioner seeking quashing of the rape case alleged against him.
The bench of Justice A. Badharudeen observed, “When the delay comes to 16 years in disclosing the same, after continuing the relationship for 16 years, the same is fatal and the same would stand in the way of prosecution since possibility of false implication is very much discernible.”
Advocate V. Sethunath appeared for the Appellant and Advocate Obeid Abdul Majeed appeared for the Respondent.
Brief Facts-
It is the case of the prosecution that the accused subjected the defacto complainant, a married lady having one child, to rape on a day in June-July of 2001. On this premise, the prosecution alleged the commission of offences punishable under Sections 323 and 376 of the Indian Penal Code, by the accused, as per the final report filed, after the investigation.
The Court considered the question of whether the disclosure of sexual assault which constitutes ingredients of rape, after a period of 16 years, is fatal and the same would stand in the way of prosecution.
“Law is well settled that delay is having significance and the same is decisive, unless the delay is properly explained.”, the Court said.
The Court observed, “the allegation of rape made after 16 years is prima facie not believable because of the long delay and such relationship is to be considered as consensual in nature.”
The Court also noted that the allegation of rape was raised with ulterior motives, particularly when money from the accused was allegedly due to the defacto complainant.
Accordingly, the Court allowed the Petition.
