Retraction of the woman’s complaint insufficient ground for quashing rape allegations, holds Delhi HC

In a case where a woman prosecutrix had consistently alleged sexual assault by an employer in her statement to the police and the magistrate, the Delhi High Court chose to ascertain whether her statement was subsequently withdrawn under threat or pressure. The Court said that it would be unsafe to quash FIR proceedings on the basis of a retraction and that it would have to be ascertained during trial as to how and in what circumstances the statement was retracted.

Citation: Dilip Kumar Gupta v. State (NCT of Delhi), 2017 SCC OnLine Del 6576