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K.T.THOMAS, M.M.PUNCHHI
Satish Mehra – Appellant
Versus
Delhi Administration – Respondent
A wife accused her husband (the appellant, Satish Mehra) of sexually abusing their infant daughter, Nikita (aged about 18 months at the alleged time), including outraging her modesty and attempting rape. (!) [1000008090006] The couple had lived in New York since marriage, with three children; their relationship was strained due to disputes over finances, custody, and alleged violence. [1000008090001] The wife first complained to US police in 1992, but investigation cleared the husband of abuse. [1000008090001][1000008090014] She returned to India in 1993 with the children amid a US custody order favoring the husband, then filed complaints in Delhi alleging abuse in India (March-July 1991, East of Kailash). [1000008090002][1000008090003][1000008090004][1000008090014] An FIR was registered under IPC Sections 354 and 498A, later adding Section 376; the case was committed to Sessions Court. [1000008090004][1000008090005]
The Sessions Judge discharged on Section 498A but framed charges under Sections 354 and 376/511 IPC. [1000008090005][1000008090006] The Supreme Court examined whether there were sufficient grounds to proceed under CrPC Sections 227-228, emphasizing a prima facie assessment (not full trial proof) to avoid futile trials wasting court time, especially where conviction is improbable. (!) (!) [1000008090008][1000008090012] It held Sessions Judges may consider accused-produced materials at the Section 227 stage to enable early discharge if issues are "clinched," saving resources amid heavy caseloads. [1000008090009][1000008090010][1000008090011][1000008090012]
No sufficient grounds existed here: allegations seemed incredulous for a father against an infant; US probe disproved similar claims; wife's prior complaint omitted Indian incidents and reflected vengefulness; child's statements appeared tutored (e.g., leading questions by CAW Cell); medical reports conflicted (normal US exam post-alleged acts vs. later Indian finding); trial would traumatize the now 8-year-old child witness with no conviction prospect. [1000008090013][1000008090014][1000008090015][1000008090017][1000008090018][1000008090019][1000008090020] Proceedings and charges were quashed; appellant discharged. [1000008090021][1000008090022] (!)
JUDGMENT
Thomas, J.-Some eerie accusations have been made by a wife against her husband. Incestous sexual abuse, incredulous ex facie, is being attributed to the husband. Police on her complaint conducted investigation and laid charge sheet against the appellant, who has filed this Criminal Appeal by special leave as he did not succeed in his approach to the High Court at the F.I.R. stage itself.
2. More details of the case are these : Appellant (Satish Mehra) and his wife (Anita Mehra) were living in New York ever since their marriage. They have three children among whom the eldest daughter (Nikita) was born on 2nd April, 1988. Before and after the birth of the children relationship between husband and wife was far from cordial. Husband alleged that his wife, in conspiracy with her father, had siphoned off a whopping sum from his bank deposits in India by forging his signature. He also alleged that his wife is suffering from some peculiar psychiatric condition. He approached a court at New York for securing custody of his children. On 31.10.1992 his wife left his house with the children and then filed a complaint with Saffolk County Police Station (United States) alleging that her h
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