New Delhi [India], April 18 : Patiala House court has recently discharged an officer of rape allegations after noting the change of statement by the prosecutrix. The court also noted that the CCTV footage of the colony shows that both the accused and the prosecutrix came together in the colony and also went outside together.
The court has issued a show-cause notice to the prosecutrix as to why she should not be prosecuted for giving a false statement.
The accused was on deputation in the CBI at the time of the incident. An FIR was lodged at Sarojini Nagar Police Station in October 2025.
Additional Sessions Judge (ASJ) Deepti Devesh discharged the accused of rape and other charges after noting that the prosecutrix changed her statement.
The court said that it is clear that the prosecution has failed to travel the distance from mere suspicion to grave suspicion against the accused. There are distinctly two views possible to be taken on perusal of the material available on record, and thus, the view in favour of the accused ought to be taken even at this stage of framing the charge.
"Accordingly, no prima facie case is made out against the accused as the complaint of 02.10.2025, and both statements of the victim under section 183 BNSS and under section 180 BNSS in relation to the alleged incident as allegedly committed by the accused have been found to be completely devoid of any truth at this stage itself," ASJ Devesh ordered on April 11.
The court issued a show-cause notice to the prosecutrix and listed the matter on May 19, 2026, for hearing.
The court noted that it is clear that at various stages, the prosecutrix has changed her statement to suit her purposes. Lack of consent to internal medical examination by the prosecutrix, immediately after the alleged incident, also raises doubt regarding the alleged claims of the prosecutrix.
While discharging the accused, the court said that the clinching material in the charge-sheet is the CCTV footage, which contradicts the allegations of the prosecutrix as to her conduct. The description of events as per statement 183 BNSS at the place of offence suggests the use of extreme physical violence. Such physical violence would also leave some disturbances at the place of offence.
The Crime Team report comprising the photographs of the scene of crime does not show any apparent disturbance at the scene of crime, which also negates the claim of the prosecutrix of there being any struggle or the accused committing violent rape upon her as act of violent rape also would have left some signs of commission of violence at the scene of crime, the court said.
The independent material, like CCTV footage, lack of any material for forensic examination despite immediate reporting of the alleged offence, lack of any biological exhibits or even clothes seized during the investigation, clearly falsifies the foundational facts as claimed by the victim.
"When the foundational facts have been clearly found to be not true, as per the statements of the prosecutrix, then, how can this court believe that further statement of the prosecutrix as to what happened at the place of offence actually, is correctly described in the said statements."
The court issued a show cause to the prosecutrix and said that it is pertinent to note that a police investigation had been initiated with a complaint of 02.10.3025, whereafter a further statement under section 183 BNSS of 03.10.2025, which statement is given under oath, was recorded, which is now found to be a false statement under 183 BNSS under oath.
Advocate Deepak Sharma and Anil Kulhari appeared for the accused. They are argued that it is a false case against the accused. As there is a change of statement by the prosecutrix. At the same time, the CCTV footage shows a story different from the allegations.
It was alleged by the prosecutrix that the accused gave her a lift at South Extension to drop her at her home. Instead, he took her to his home, committed rape upon her and beat her severely.
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