SC Quashes FIR Filed By Woman 34 Years After Rape, Why?

The Supreme Court has quashed an FIR of rape filed by a Muslim woman against a Hindu man 34 years after the crime. The woman alleged that the man had raped her when she was a minor in the year 1982. She also gave birth to a male child out of the alleged rape in the year 1983. However, the man moved the Supreme Court and challenged the FIR filed in 2016 in Assam saying that it was a "consensual relationship". Read on to know why the court trashed the FIR. 

As per reports, the woman filed an FIR in 2016 in Assam which went under trial in Kamrup District Court and Gauhati High Court. The courts refused to quash the FIR. The accused man then moved to the Supreme Court challenging the charges laid against him. And a few days ago, the bench headed by BR Gavai and Sandeep Mehta dispensed a judgement in favour of the man by quashing the FIR. 

What did the court say?

The court stated that Constitution can rarely quash an FIR but the case that is being dealt with currently deserves to be dismissed. 

The bench said that the filing of an FIR 34 years after the crime happened and backing it with a "bald" statement that the woman was a minor at the time of the incident became grounds for the quashing of the FIR. The court further added, "No explanation whatsoever is given in the FIR as to why the woman kept silent for a long period of 34 years."

Moreover, the court also dismissed the woman's attempt to corroborate the rape by the birth of the male child by saying that the man has been caring for the male child by providing him with all the necessities. 

"The material on record shows the relationship was consensual, in as much as the son who is born out of the said relationship has been treated by the man as his son and all the facilities, including cash money, have been provided to him," Justice Gavai said in the statement. 

What did the police say?

Apart from the court, the Police too claimed that there was something fishy in the FIR. The Police claimed that the property dispute and greed for the man's property were the reasons behind the FIR. After probing the complaint, the Police said, "Due to greed for the property of the Hindu man, his son with the aid of his mother lodged this FIR after 34 years. Due to the dispute over property between the man and his son, the case was lodged."