Rape Case: SC Issues Notice On Ex-Army Officer’s Plea For Quashing Charge sheet

The Supreme Court on Tuesday has agreed to review a plea from retired Army Captain Rakesh Walia, who is seeking to quash a charge sheet in an alleged rape case against him.

The bench, comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, issued notices to both the Delhi police and the complainant, with a hearing scheduled for December 6.

Walia’s counsel, Advocate Ashwani Kumar Dubey, argued that the prosecution was wrongful and malicious, alleging that the complainant had filed 7 FIRs against nine individuals across various police stations over the past 8 years. The petition highlights a pattern of alleged abuse of legal processes by the complainant.

The retired officer challenged a Delhi High Court decision from July 31, which had dismissed his request to quash the chargesheet. The high court noted that the matter was before the trial court, which would evaluate the arguments presented by Walia and make an appropriate ruling.

Walia, 63, is a decorated veteran of the Indian Army and is dealing with serious health issues, including a history of heart attacks and cancer. His plea describes him as a victim of a “malicious abuser” of the law, claiming that the complainant’s strategy is to extort money from respectable individuals by misusing laws related to rape and molestation.

The background of the case indicates that during the COVID-19 lockdown between 2019 and 2020, the complainant approached Walia, presenting herself as a social media influencer interested in promoting his autobiography, “Broken Crayons Can Still Colour.” Intrigued by her offer, Walia engaged her services in June 2021, shortly after the lockdown was lifted.

According to the petition, on December 29, 2021, Walia met the complainant at Chhattarpur Metro Station to discuss promotional strategies for his book.

Following their meeting, after dropping her off in Noida, he received a call from local police at around 6 PM, informing him that the woman had accused him of sexual assault, claiming he had drugged her prior to the alleged incident.

Walia’s plea seeks to clear his name and highlights the complexities surrounding the allegations, asserting that he is being targeted unjustly.

Court’s decision to examine the case could have significant implications for how such allegations are handled in the future.