Innocent Man Framed in False Rape Case: Delhi HC Upholds Conviction of Lawyer, SI; Enhances Compensation to ₹3 Lakh [Read Judgment]

New Delhi: The Delhi High Court has upheld the conviction of a practising lawyer and a Sub-Inspector of Police who conspired to falsely implicate an innocent man in a fabricated rape case in the year 2000, with the motive of extorting money from him. The Court dismissed the appeals filed by both convicts and, while noting that a stronger punishment would have been warranted, enhanced the compensation payable to the family of the victim of this injustice by directing that the entire fine amount of Rs. 3,00,000/- be paid to his legal representatives.

Haji Mohd. Altaf, a lawyer practising at Tis Hazari Courts, and Narender Singh, a Sub-Inspector posted as chowki in-charge at Rajouri Garden, were convicted by the trial court along with two other accused persons for their roles in the conspiracy. Two of the accused died during the course of the lengthy trial, which stretched over many years. The judgment of conviction and the appeals arising from it were decided by the High Court of Delhi on 04.04.2026 in CRL.A. 286/2016, CRL.A. 326/2016, and CRL.A. 691/2016.

The conspiracy had its roots in a personal grudge. One of the accused, a police officer named C.M. Dutta, had faced a molestation complaint and subsequent suspension after Sushil Gulati, a resident of the area, had intervened to help a neighbour’s daughter-in-law. To take revenge, Dutta joined hands with the lawyer and the Sub-Inspector to frame Gulati in a serious criminal case.

To carry out the plan, the conspirators approached a woman named Rajni Gupta, who was physically disabled and in financial need, and persuaded her to pose as a rape victim. On 29.08.2000, she was staged near St. Stephen’s Hospital in an apparently distressed state and taken to Hindu Rao Hospital. There, she gave a false statement to the police under a fictitious name, alleging that Gulati and two others had raped her in a moving car after spiking her drink. A case was registered at Police Station Rajouri Garden, and Gulati was arrested.

The plan unravelled when the Crime Branch investigated the matter. A DNA report revealed that the biological material found on Rajni Gupta’s clothing did not match Gulati at all, pointing instead to two entirely different individuals. Gulati was discharged, and the conspirators were charged. Sub-Inspector Narender Singh had been deeply involved at every stage: he was present at the lawyer’s chamber on the day of the incident, arrived at the scene in uniform, took Rajni Gupta to the hospital, prepared false records, and also arranged for strands of her hair to be planted in Gulati’s car.

Before the High Court, the main argument raised on behalf of the convicts was that the key prosecution witnesses, who had participated in the conspiracy, were accomplices and could not testify without a formal pardon being granted to them under the Code of Criminal Procedure. The Court rejected this contention, holding that since none of these witnesses had ever been arraigned as accused in the case, they were fully competent to testify. Their evidence was found to be consistent and credible, corroborating each other on all material points.

The Court also placed on record the prolonged suffering of Sushil Gulati during the trial. After he completed his examination-in-chief, the defence repeatedly sought and obtained adjournments, and Gulati was made to appear in court on over twenty occasions over nearly three years without his cross-examination ever being conducted. He passed away on 19.12.2014 before he could be cross-examined. The Court found that the defence had deliberately used adjournments to prevent his cross-examination and held that his testimony was fully admissible. It described the defence plea that it had no way of foreseeing his death as a clear abuse of the process of law.

The Court remarked that Gulati had been not only falsely implicated in a serious crime but also subjected to custodial harassment and the indignity of being repeatedly called to court, only to be sent back without progress. It observed that the lawyer, as an officer of the court, and the Sub-Inspector, as a person entrusted with upholding the law, had both gravely misused their positions, and that a stiffer sentence would have been fully justified. However, since the State had not filed an appeal seeking enhancement of sentence, the Court confined itself to upholding the existing sentences.

A separate appeal had been filed by the legal representatives of Sushil Gulati seeking higher compensation. The Court allowed this appeal in part, finding that the Rs. 2,00,000/- awarded by the trial court fell short of what was due, given the scale of the injustice Gulati had endured. It enhanced the amount to Rs. 3,00,000/-, directing that the full fine collected from the convicts be handed over to his family.

For the Appellant (A1): Mr. S.C. Buttan, Mr. Himanshu Buttan, Mr. Ojasvi Annadi Shambhu, and Mr. Nikhil, Advocates
For the Appellant (A2): Mr. Ravin Rao, Mr. Akshit Sawal, Mr. Ayan Sharma, and Mr. Akshay Mathur, Advocates
For the Respondent/State: Mr. Utkarsh, Additional Public Prosecutor

Case Title: Haji Mohd. Altaf v. The State and Connected Matters, CRL.A. 286/2016, CRL.A. 326/2016, and CRL.A. 691/2016

[Read Judgment]