In one of its first kind of case landing up at the door of Apex court in the country where one woman has misused rape laws. The extent of accusations were not just enough that she has filed 8 cases of rape & molestation over years, the Supreme Court of India quashed criminal proceedings in a false rape case against 64-year-old retired Army Captain and cancer survivor, Mr. Rakesh Walia. The court noted that the case is a striking example of abuse of process of law.
The case stemmed from an FIR registered at Mehrauli Police Station in 2021, in which the complainant accused Mr. Walia of rape, unnatural sex and other offences after administering her cold drink laced with sedative. Posing as an influencer, she had approached Mr. Walia, offering to promote his autobiography, “Broken Crayons Still Colour.” When they met, she insisted on going to a hotel room. However, suspecting her intentions, Mr. Walia refused and instead dropped her near the Botanical Garden police post. Following this, she went to a police station to lodge a rape case against him. Later, she demanded money from Mr. Walia to settle the case.
Supreme Court of India observed that the prosecution had no evidence whatsoever against Mr. Walia except testimony of the complainant who failed to appear in the court despite being served summons & has filed numerous similar cases. It also highlighted that Delhi High Court should have quashed a case like this which is an outright abuse of process of law.
Mr. Walia suffered a heart attack due to immense stress, and his wife had a brain hemorrhage. Determined to fight back, he sought help from independent journalist, documentary filmmaker, and men’s rights activist Deepika Narayan Bhardwaj, founder of Ekam Nyaay Foundation. Upon reviewing the case, Ms. Bhardwaj uncovered multiple inconsistencies and a pattern of false cases filed by the same complainant.
AOR Ashwani Dubey (representing Mr. Walia) argued that the complainant was operating a larger sextortion racket. The Supreme Court, recognising the case as an abuse of the process of law, quashed the criminal proceedings against him.
In 2023, Mr. Rakesh Walia approached Deepika Narayan Bhardwaj, Men’s Rights Activist and Director Ekam Nyaay Foundation, seeking her support in this case as she has exposed many such cases where one woman has filed multiple rape and molestation cases, across the country. The NGO provided him support gathering more information regarding this serial rape case filer & also legal help in fighting this battle. The NGO engaged Advocate Sharian Mukherjee for seeking quash in Delhi High Court and Advocate Ashwani Kumar Dubey in Supreme Court of India.
Speaking on this victory, Deepika Narayan Bhardwaj said “It’s the first ever case where Supreme Court has recognised abuse of process of law by a woman who is a serial rape & molestation case filer, listing down her modus operandi & granting relief of quash. The verdict is a testament to the fact that mere testimony of a woman can not be used to subject an innocent man to agony of trial when every evidence direct towards his innocence. I am really glad that we could fight this case for Mr. Walia, a soldier, who has served the nation who refused to give in to extortion. I hope Delhi Police can do some course correction atleast now, book this woman for extortion and send her behind bars before she destroys one more life. I am thankful to Sh. Ashwani Dubey who fought this case so fiercely for us.”
