Delhi High Court Upholds Discharge in Rape Case, Flags False Allegations and Victim Compensation Misuse

New Delhi, December 15, 2025 – In a significant ruling, the Delhi High Court dismissed the State’s petition challenging the discharge of three accused in a gang rape case, emphasizing the weight of the prosecutrix's voluntary statement under Section 164 of the CrPC that exonerated them. The decision, delivered by Hon'ble Dr. Justice Swarana Kanta Sharma, also issued guidelines to curb the misuse of victim compensation schemes in sexual offence cases.

Case Overview

The case originated from an FIR registered on January 21, 2023, at Police Station Vivek Vihar, Delhi, under Sections 328 (causing hurt by poison or stupefying substance) and 376 (rape) of the Indian Penal Code, 1860. The prosecutrix alleged that accused Toshniwal alias Paritosh lured her with a job promise, took her to a flat in Noida, Uttar Pradesh, on January 13, 2023, where he, along with Deepak Kumar and Atul Kumar, committed gang rape on her after administering a substance. She was later dropped near GTB Hospital.

Following investigation, a charge-sheet was filed. However, the Additional Sessions Judge (SC-RC), East, Karkardooma Court, discharged all accused on August 31, 2023, citing lack of prima facie evidence. The State filed CRL.REV.P. 772/2024 to challenge this order.

Arguments from Both Sides

The State, represented by Additional Public Prosecutor Naresh Kumar Chahar, argued that the trial court erred in discharging the accused despite the prosecutrix's initial detailed complaint and medical examination report showing bruises on her neck, consistent with her assault narrative dated January 20, 2023. The State highlighted that the prosecutrix's Section 164 CrPC statement—where she resiled and claimed consensual relations with Toshniwal—should not override the FIR without trial. Citing Hazrat Deen v. State of Uttar Pradesh (2022 SCC OnLine SC 1781), it contended that discrepancies alone do not justify discharge, and pending FSL reports could provide crucial evidence.

Respondents' counsel, Lokesh Kumar Mishra, countered that the Section 164 statement, recorded voluntarily before a magistrate, held greater evidentiary value. The prosecutrix described Toshniwal as her boyfriend, affirmed consensual intimacy, and stated the other accused were present with their girlfriends without wrongdoing. She affirmed no offence occurred and wished to drop the complaint. The counsel argued prior friendly contact between the prosecutrix and Toshniwal indicated motivated false allegations.

Legal Principles and Precedents Applied

Justice Sharma recapitulated the law on charge framing from Manendra Prasad Tiwari v. Amit Kumar Tiwari (2022 SCC OnLine SC 1057), stating courts at this stage need only find "strong suspicion" of guilt based on material taken at face value, without a full trial. Discharge is warranted if material negates suspicion.

The court distinguished this from cases of minor discrepancies, referencing State v. Gajraj Singh (2017 SCC OnLine Del 6672) and its own prior ruling in State (NCT of Delhi) v. Sahil Chopra (2025 SCC OnLine Del 265). In Sahil Chopra , it held that a clear Section 164 denial of offence, especially if voluntary, erodes the prosecution case at the threshold, unlike mere improvements in statements.

Key excerpt: "This Court cannot lose sight of the legal significance of a statement recorded under Section 164 of Cr.P.C. Such a statement is recorded by a Magistrate after due compliance with the statutory safeguards... In the present case, a perusal of the statement recorded under Section 164 Cr.P.C. does not indicate any ambiguity, hesitation, or allegation of pressure."

The prosecutrix reaffirmed her Section 164 version in court, leading the bench to find no grave suspicion under Sections 328/376 IPC, upholding the discharge.

Broader Observations on False Allegations

Justice Sharma expressed concern over potential abuse of process in sexual offence cases, noting the prosecutrix—a married woman—provided detailed initial allegations but resiled completely without claiming coercion. This, the court said, harms accused through stigma and erodes public trust in genuine victim complaints.

Excerpt: "Such harm cannot be undone merely by an order of discharge... false allegations of sexual offences cannot be treated lightly and must invite careful and firm scrutiny in accordance with law."

The court refrained from directing action under Sections 182/211 IPC but left it open for the State or respondents.

Guidelines on Victim Compensation Recovery

Addressing misuse, the court scrutinized the Delhi Victim Compensation Scheme, 2018, under Nipun Saxena v. Union of India (W.P. (C) No. 565/2012). It noted interim compensation (Rs. 5,000–10,000) is disbursed early but often unrecovered if allegations are withdrawn.

Referencing the scheme's recovery clauses (e.g., Clause 13) and DSLSA's SOP, the bench issued directions:

• Trial courts must forward quashing/settlement orders or hostility findings to DSLSA for recovery assessment in sexual offence cases with compensation.
• Quashing petitions before the High Court must disclose any compensation received.

Excerpt: "If interim compensation disbursed in cases where allegations are subsequently withdrawn or found to be false is routinely allowed to remain unrecovered, it may not only result in misuse of public funds but may also dilute the credibility... of schemes meant to support genuine victims."

The judgment was forwarded to DSLSA for review in this case, and to all judicial officers, Delhi Judicial Academy, and DSLSA for compliance.

Implications of the Ruling

This decision reinforces that voluntary Section 164 retractions can lead to early discharge in rape cases, preventing unwarranted trials while cautioning against false claims. The compensation guidelines promote accountability, potentially deterring misuse and ensuring funds aid true victims. It balances victim support with accused rights, fostering trust in the justice system.

The petition was dismissed, with the impugned order upheld.