SC sets aside MP HC verdict on discharge of rape accused

New Delhi: The Supreme Court has termed as "utterly incomprehensible" an order of the Madhya Pradesh High Court discharging an accused of the offence of rape essentially on the ground of delay in the registration of the FIR.

A bench of justices DY Chandrachud and JB Pardiwala said the facts of this litigation was quite "heart-breaking" and set aside the order of the high court holding that the impugned order could be termed as "perverse and not sustainable in law".

The verdict was pronounced on August 12 but was yet to be uploaded on the apex court website.

"At the cost of repetition, we state that the impugned order of the High Court is utterly incomprehensible. We have yet to come across a case where the High Court has thought fit to discharge an accused charged with the offence of rape on the ground of delay in the registration of the FIR," Justice Pardiwala said on behalf of the bench.

SC, however, did not interfere with the decision of the trial court of discharging the accused Amit Kumar Tiwari, represented by advocate Swarnendu Chatterjee, from the offence punishable under Section 306 of the IPC.

Referring to the high court order dated December 2, 2021, the bench said what is relevant to note is that although the high court has devoted two full paragraphs for the purpose of recording the submissions as regards the age of the deceased (rape victim), yet ultimately no specific finding has been recorded in that regard by the high court.

"The high court proceeded altogether on a different footing. The high court thought fit to discharge the accused of all the charges on the ground that there was delay in lodging the FIR and the entire case put up by the parents of the deceased was doubtful," it said.