Delhi High Court Discharges Accused in Rape Case Citing 34-Year Delay and Lack of Evidence

In Kanwaljeet Dhammi v. State of NCT of Delhi, 2024 SCC OnLine Del 2321, the Delhi High Court, exercising its revisional jurisdiction, set aside a trial court order framing charges under Sections 376(2)(n) and 506 IPC. The charges were based primarily on the prosecutrix’s statement alleging repeated sexual assault and intimidation by the petitioner-her paternal uncle, dating back to 1988 when she aged 10. The Court reiterated that while a prosecutrix’s testimony can be sufficient to frame charges, it must inspire confidence and be supported by surrounding circumstances to raise a grave suspicion.

In this case, the Court found the 34-year delay in filing the FIR unexplained and troubling, and noted that the investigating agency found no evidence to support the allegations. It also observed that prior litigation and property disputes between the parties could indicate a motive for false implication. Referring to precedents including State of Haryana v. Bhajan Lal and Suresh Garodia v. State of Maharashtra, the Court held that no prima facie case was made out and discharged the petitioner.