The Supreme Court has declined to interfere with an Allahabad High Court judgment that quashed criminal proceedings in a gang rape and SC/ST Act case against a Uttar Pradesh school principal and others, effectively upholding the High Court’s decision setting aside the summoning order and complaint proceedings.
A bench of Justice Pankaj Mithal and Justice S.V.N. Bhatti dismissed the special leave petitions filed by the complainant, observing that it was not inclined to interfere with the appellate court’s order.
The case arose from a complaint alleging that the accused persons lured the complainant and her husband to Bareilly on the pretext of spiritual healing by a ‘Baba’, after which the complainant was allegedly gang raped at gunpoint by the accused near Tisua Bazar in March 2024. The trial court had summoned the accused under Sections 376D, 323, 504 and 506 IPC, along with provisions of the SC/ST (Prevention of Atrocities) Act.
However, the Allahabad High Court quashed the proceedings, finding the prosecution version riddled with inherent improbabilities and material omissions. The High Court noted the unexplained delay in filing the complaint, absence of medical examination, non-disclosure of the alleged ‘Baba’ or the location of the purported exorcism, and inconsistencies regarding the complainant’s conduct in repeatedly accompanying persons she allegedly considered inimical.
The High Court had further held that the trial court mechanically relied on witness statements without adequately examining the apparent improbabilities in the prosecution case, and that continuation of the proceedings would amount to abuse of process of law.
Appearances:
For Petitioner(s) :Mr. Pradeep Kant, Sr. Adv.; Mr. Abhinav Agrawal, AOR; Mr. Shubham Kumar, Adv.; Mr. Piyush Bhardwaj, Adv.; Mr. Shivam Sengupta, Adv.; Mr. Ketan Priyadarshi, Adv.
For Respondent(s) : Mr. Devadatt Kamat, Sr. Adv.; Mr. Rishabh Bhati, Adv.; Mr. Rehan Khan, Adv.; Mr. Nipun Arora, Adv.; Mr. Ajay Desai, Adv.; Ms. Divya Roy, AOR
