Delhi HC Upholds Discharge of Accused in Gang Rape Case; Expresses Concern Over Misuse of Sexual Offence Laws and Victim Compensation [Read Judgment]

New Delhi: The High Court of Delhi, on December 15, 2025, dismissed a revision petition filed by the State of GNCT of Delhi, thereby upholding the Trial Court’s order discharging all accused persons in a case alleging offences under Sections 328 (causing hurt by means of poison, etc., with intent to commit an offence) and 376 (rape) of the Indian Penal Code, 1860. The Court made significant observations regarding the complete retraction of allegations by the prosecutrix and the necessity of scrutinizing the misuse of the legal process and victim compensation schemes.

The case stemmed from an FIR registered on January 21, 2023, in which the prosecutrix alleged that the main accused, Toshib alias Paritosh, lured her on the pretext of arranging employment and took her to a flat in Noida, where she was subjected to sexual assault by him and two co-accused, Deepak Kumar and Atul Kumar. The prosecutrix’s initial complaint and her medical examination supported the version of gang rape.

However, a material development occurred when the prosecutrix’s statement was recorded under Section 164 of the Cr.P.C. on January 31, 2023, wherein she “completely resiled from her earlier allegations” and stated, in categorical terms, that she was acquainted with accused Toshib @ Paritosh and that the physical relationship between them was consensual. She further exonerated the other two accused, stating that they were present with their respective girlfriends and had committed no act against her. Relying on this voluntary retraction, the Trial Court discharged all the accused, which order was challenged by the State.

The High Court, comprising Hon’ble Dr. Justice Swarana Kanta Sharma, emphasized the legal significance of a statement recorded under Section 164 Cr.P.C., which is made before a Magistrate after verifying its voluntariness. The Court found “no illegality, perversity, or infirmity in the impugned order passed by the learned Trial Court discharging the accused persons.” It further observed that “to proceed to trial in the absence of such suspicion would amount to subjecting the accused to an unwarranted prosecution.”

Beyond the issue of discharge, the High Court recorded serious observations on the conduct of the prosecutrix, noting that “no explanation was offered as to why such grave allegations of gang rape were initially levelled and subsequently withdrawn in their entirety.” The judgment highlighted the profound societal harm caused by false implications, observing that “the subsequent complete reversal of her version, without any allegation of compulsion or external pressure, raises serious concerns which cannot be ignored by a constitutional court.” The Court cautioned that “a false complaint of a sexual offence does not end with harm to the person falsely accused alone. Such cases gradually create doubt and hesitation in the minds of people at large, where even a genuine complaint of sexual assault may begin to be viewed with suspicion.”

The judgment also addressed the issue of misuse of victim compensation schemes, noting that in some cases, victims receive interim compensation and thereafter withdraw allegations or turn hostile. To prevent “misuse of public funds” and to avoid “diluting the credibility and sustainability of schemes meant to support genuine victims,” the Court issued several directions. It mandated that Trial Courts forward a copy of the order to the Delhi State Legal Services Authority (DSLSA) for recovery proceedings in situations where: (i) the FIR or criminal proceedings are quashed on the basis of settlement or compromise and such order is received by the Trial Court; and (ii) the victim turns hostile during trial, resiles from earlier allegations, or completely exonerates the accused of the alleged offence.

Case Details

Case Name: The State of GNCT of Delhi v. Toshib alias Paritosh & Ors.

Citation: CRL.REV.P. 772/2024; 2025:DHC:11337

Coram: Hon’ble Dr. Justice Swarana Kanta Sharma

Judgment Pronounced on: 15.12.2025

Appearance:

For the Petitioner (State): Mr. Naresh Kumar Chahar, APP for the State, along with SI Sumeet Poonia

For the Respondents (Accused): Mr. Lokesh Kumar Mishra, Advocate

[Read Judgment]