New Delhi: The plea of a rape case accused for quashing the FIR against him on the ground that the victim has exonerated him in her statement to a magisterial court has been dismissed by the Delhi High Court.
Dismissing accused Jitender`s plea, Justice P K Bhasin said "as far as the statement of the prosecutrix under Section 164 Cr PC is concerned, I am of the view that the criminal proceedings cannot be quashed even if the prosecutrix has exonerated the petitioner in that statement.
"Effect of that statement can be considered only by the trial court, when the prosecutrix supports the prosecution case after entering the witness box and the accused confronts her with her statement. This court simply by taking note of that statement cannot quash the trial of the petitioner in which prosecution evidence is being recorded and prosecutrix is yet to be examined," the court said.
Justice Bhasin rejected the argument of the accused that the Supreme Court had let off a rape accused in a similar case earlier.
"In my view the petitioner cannot derive any benefit from the said order of the apex court since it was passed on peculiar facts and circumstances of the case," the court said.
According to police, an FIR was lodged with Mianwali Nagar police station against Jitender for raping the alleged vitim on April 26, 2012.