Allegations deemed improbable due to inconsistencies and lack of evidence; proceedings termed abuse of process by Court.
In a significant ruling, the Madhya Pradesh High Court at Jabalpur has quashed the First Information Report (FIR) and all consequential proceedings in a sexual assault case against Abhishek Yadav. The judgment, delivered by Justice Himanshu Joshi, concluded that the continuation of the criminal proceedings would amount to an abuse of the legal process, given the inherent improbabilities and inconsistencies in the prosecution's case.
The case, which involved allegations of sexual assault and threats, was brought to the court's attention under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The FIR, filed on February 6, 2024, accused Yadav of offenses under Sections 376 and 506 of the Indian Penal Code. However, the High Court found substantial contradictions in the complainant's statements, undermining the foundational basis of the case.
Critical to the court's decision was the complainant's admission that she was not a practicing advocate, contrary to her assertions in both the FIR and her statement recorded under Section 164 of the Criminal Procedure Code. This discrepancy was pivotal, as the complainant had initially claimed to have visited Jabalpur in her professional capacity, a claim that formed the genesis of her acquaintance with the accused.
Furthermore, the court noted the absence of corroborative medical evidence, forensic evidence of intoxicating substances, and electronic evidence of the alleged obscene videos. The unexplained delay of fifteen months in lodging the FIR further cast doubt on the credibility of the allegations, leading the court to determine that the prosecution's case was inherently improbable.
Justice Joshi emphasized that while the inherent jurisdiction under Section 528 of the BNSS should be exercised sparingly, the exceptional circumstances of this case warranted intervention. He remarked, "The admission made by the complainant before this Court... goes to the very genesis of the relationship between the parties," highlighting the importance of the complainant's inconsistent statements.
The judgment serves as a reminder of the judiciary's role in safeguarding individuals from unwarranted legal proceedings and ensuring that the legal system is not misused. The Court's decision underscores the necessity for credible and consistent evidence in criminal prosecutions, particularly in cases involving serious allegations.
Abhishek Yadav, who had been maintaining his aged mother, divorced sister, and minor niece, can now resume his life without the shadow of the legal proceedings that have been hanging over him since the complaint was filed. The judgment, however, clarifies that its observations are confined to the present petition and do not influence any other potential civil or criminal proceedings between the parties.
The case highlights the delicate balance courts must maintain between protecting victims and preventing abuse of the legal system. As legal experts continue to analyze this ruling, it may set a precedent for similar cases where allegations are unsupported by substantial evidence.
Bottom line:-
Exercise of inherent jurisdiction under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 - Quashing of FIR and consequential proceedings on grounds of abuse of process of law and inherent improbabilities in prosecution case.
Statutory provision(s): Sections 528, 164, 161 of Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 376, 506 of the Indian Penal Code; Sections 61, 63 of Bharatiya Sakshya Adhiniyam; Section 94 of the Evidence Act.
Abhishek Yadav v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2940783
