Low Conviction Rate of 4.3% in Delhi Rape Cases Raises Questions on False Complaints and Hostile Witnesses

Amit
14 Min Read

RTI Data Reveals Worrying Trends of Multiple Complaints, Hostile Witnesses, and Rampant Misuse of Rape Laws

We often hear this from media houses especially from international media houses that Delhi has become rape capital which is often the front-page news headline which prompted me to dive deep in it to find if Delhi is in reality a rape capital.

I’d approached the Delhi District Courts (11 Such district divisions in Delhi) under the RTI Act to inquire about the number of Rape Cases which were being adjudicated from 2021 to 2024 and out of which how many ended in conviction and how many ended in acquittals, I further tried to gather the information regarding the number of cases in which the prosecutrix i.e. complainant did not support the case of prosecution and turned hostile and the last query I had raised about the number of cases in which the prosecutrix turned hostile and action had been taken against her for resiling her own statement.

The data which I had received from the Delhi District Courts (Except Dwarka District Court) regarding the above said query is shocking and alarming which may shock the conscience of any reasonable individual and should be a matter of concern for all of us and especially for those who say very often after any reported rape case in Delhi that Delhi has become Rape Capital.

That in the 10 district divisions of Delhi District Courts the number of rape cases which were adjudicated by the concerned Hon’ble Court from the year 2021 to 2024 is 3097 and out of which only 133 ended in conviction which is just 4.29%, that’s right the conviction rate in Delhi in Rape cases is only 4.29%. Data from Delhi District Courts is annexed herewith.

That one of the reasons of such a low conviction rate is the complainants/prosecutrix resiling from her statement i.e. turning hostile and not supporting the case of the prosecution. That vide my above said RTI I had also queried about the number of cases in which the complainant/prosecutrix had turned hostile and in how many cases in which the complainant/prosecutrix had turned hostile and such cases ended in conviction or acquittals. However, the Delhi Courts are reluctant to provide such information of witnesses turning hostile. It is pertinent to mention that from the year 2021 till date as per the information provided by the DLSA under the victim compensation scheme on their website there are over 3800 victims of rape cases have received compensation and shockingly Delhi Courts or the prosecution branch does not maintain the data of how many complainant/prosecutrix turned hostile resulting in acquittal of the accused persons in Rape cases. However, there are few courts which have provided the information in respect of the Complainant/prosecutrix turning hostile such as:

Court No. of Rape Cases Decided from 2021 to 2024 Convictions No. of cases in which  Complainant/ prosecutrix turned Hostile. Action against Complainant/ prosecutrix for turning hostile.
Ms. Susheel Bala Dagar, ASJ-01, North West, Rohini, Delhi 112 14 39 1
Sh. Kapil Kumar, ASJ/SFTC, North West, Rohini, Delhi 298 8 62 3
Ms. Surya Malik Grover, ASJ/SFTC, South East, Delhi 244 9 35 (Data for the year 2023 and 2024) 1 (Data for the year 2023 and 2024)
Sh. Dheeraj Mittal, ASJ (SC-RC), South East, Delhi 93 1 49 0
Dr. Sugandha Aggarwal, ASJ (SC-RC) South, Delhi 45 6 9 0

That out of these 792 cases which were disposed off from the year 2021 to 2024 only 38 ended in conviction and in 194 cases the complainant/prosecutrix as per the data provided turned hostile resulting in the acquittal of the accused persons, however, the prosecution or the Hon’ble Court had initiated action against the complainant/prosecutrix only in 5 cases and reluctant to do the same in other cases and the complainants/prosecutrix were set free with the compensation provided under the Victim Compensation Scheme at the expense of public exchequer.

In addition to my RTI applications to all the Courts in Delhi I had also queried from Delhi police through RTI applications to the offices of DCP of all the 15 districts about the registration of FIR’s for the offences of Rape and the data related to spiked drinks given to the victims. However, the Delhi Police was reluctant to provide satisfactory information in response to my RTI applications and I got shocked to know Delhi police does not maintain data of in how many FIR’s for the offences of Rape the complainant had alleged about the spiking of her drinks before the alleged rape.

That there are also a number of cases have come in limelight whereby multiple sexual offences complaints have been filed by the same complainants which creates doubts in the veracity of multiple sexual offences complaints filed by the same complainant. That the prosecution branch also does not have any mechanism to know about the other complaints of sexual offences had been filed by the same complainant.

          That the Hon’ble Supreme Court of India has recently in Criminal Appeal arising out of SLP(Crl.) No. 14850 of 2024 vide order dated 25.02.2025 pleased to quash the rape case filed against a retired Army Officer on the ground that “Complainant had filed Eight other identical Sexual Offences Cases against eight other individuals (nine cases in total) in different police stations across Delhi, involve offenses under Sections 34, 328, 354, 354A, 354D, 376, 377, 506, and 509 of IPC and held that the criminal case initiated against the appellant is nothing but an abuse of the process of law.”

          That similarly the Hon’ble High Court of Judicature at Allahabad had in CRIMINAL MISC. WRIT PETITION No. – 1793 of 2025 vide order dated 05.03.2025 been pleased to direct CBI to investigate and enquire about the large number (12 cases) of criminal complaints related to sexual offences had been filed by the Complainant Ms. Pooja Rawat through her counsel Shri Parmanand Gupta Advocate against large number of persons. The details of complaints/ FIRs other than the impugned FIR before the Hon’ble High Court are as follows :-

“1. Complaint No.175 of 2025 (‘X’ vs. Priti Yadav and Others)

  1. Complaint No.1871 of 24 (‘X’ vs. Kamlar Ali Warsi)
  2. Compliant No.4400 of 24 (‘X’ vs. Ashish Soni and others)
  3. Complaint No.2912 of 23 (‘X’ vs. Arvind Upadhyay)
  4. Complaint No.852 of 23 (‘X’ vs. Vipin Yadav and Ors.)
  5. Compliant No.160 of 23 (‘X’ vs. Vipin Yadav and others.)
  6. Complaint No.780 of 20 (‘X’ vs. Dayashankar Srivastava)
  7. Complaint No.1154 of 24 (‘X’ vs. Ram Lakhan and Others)
  8. Complaint No.1460 of 24 (‘X’ vs. Ram Lakhan and Others)
  9. Complaint No.6071 of 24 (‘X’ vs. Arvin and anther)
  10. FIR No.0197 dated 10.05.2023 (‘X’ vs. Vipin Yadav and other)”

.         That similarly the Hon’ble High Court of Punjab & Haryana at Chandigarh had in CRM-M-5147-2021 been pleased to direct the Director General of Police, Haryana to communicate to all the Superintendents of Police in the state of Haryana  for the maintenance of record by the SP office concerned regarding such or similar complainants, who have registered more than one complaint of allegation of rape or where complaints are made by victims of Honey Trap, so at to keep a check and to protect innocent citizens.

          Similarly, there are many such complainants who have filed multiple sexual offences complaints/FIRs against multiple individuals such as:

Cases filed by R***a S*n*h

S.NO. FIR NO. DATE SECTIONS POLICE STATION
1 228/214 30.03.2014 323 / 341 / 376 IPC Dabri South West, Delhi
2 593//2016 02.08.2016 354 / 354A / 354B / 506 / 34 IPC Dabri South West, Delhi
3 553/2016 23.10.2016 323 / 365 / 376D / 34 IPC Dwarka South, South West, Delhi
4 619/2020 23.06.2020 376 / 506 / 34 IPC Chhwala P.S
5 258/2022 14.02.2022 376 / 313 / 506 IPC Adarsh Nagar, North West Delhi
6 330/2022 13.07.2022 354B / 323 / 341 IPC Dwarka South P.S
7 871/2022 26.09.2022 323 / 354B / 354 / 509 IPC Dabri P. S

Cases filed by S*****m S*j*d

S.NO. FIR NO. DATE SECTION POLICE STATION
1 316/2014 06.12.2014 354 / 354A / 354D / 509 / 506 IPC Hauz Quazi
2 132/2020 22.06.2020 376 IP Estate
3 113/2021 03.04.2021 376 / 354 / 511 Jamia Nagar
4 149/2021 04.06.2021 509 Lahori Gate
5 189/2021 30.06.2021 354A Hazrat Nizamuddin
6 766/2021 29.12.2021 376 / 377 / 506/ 328 IPC Mehrauli
7 343/2022 04.03.2022 354 / 354A / 34 IPC Kotwali
8 674/2022 19.09.2022 376 / 506 IPC Dwarka North

Cases filed by K****i B*r*d

S.NO. FIR NO. DATE SECTION POLICE STATION
1 721/2022 10.09.2022 376 / 506 / 34 Karol Bagh, Delhi
2 97/2023 26.01.2023 376 / 328 / 506 IPC Lajpat Nagar, Delhi

Cases Filed by S***a T*m*r

S.No. FIR NO. DATE SECTIONS POLICE STATION
1 708//2015 10.06.2015 380 / 509 IPC Amar Colony
2 691/2016 09.12.2016  376 / 323 / 506 IPC Kalkaji
3 COMPLAINT 01.05.2017 Malviya Nagar
4 0001/2018 01.01.2018 306 / 506 / 376 IPC Hauz Khas
5 350/2020 10.08.2020 376 / 323 / 427 / 504 / 506 / 507 IPC Vile Parle, Mumbai
6 489/2022 19.05.2022 376(2)(N) / 506(2) / 420 / 324 / 323 IPC Amboli

Cases filed by K***l M*h*a

S.NO. FIR NO. DATES SECTION POLICE STATION
1 58/2018 26.05.2018 376 / 320 / 506 / 509 IPC BARAKHAMBA ROAD, DELHI
2 98/2020 19.12.2020 376/377/506 IPC C. P. DELHI

Cases filed by N**a Ar*i*d

S.NO. FIR NO. SECTIONS POLICE STATION
1 2303/2014 376(2)(N) / 323 / 509 IPC SHAKARPUR
2 135/2019 376 / 323/506 IPC GTB ENCLAVE

Cases filed by N***a S*i*i

S.NO. FIR NO. DATE SECTIONS POLICE STATION
1 128/2018 17.05.2018 354(b)/509 IPC Paharganj, Delhi
2 401/2021 2021 376/506 IPC Brahampuri, Meerut
3 445/2023 26.12.2023 376 IPC Brahampuri, Meerut

Cases filed by K*******n A*m*d

S.NO. FIR NO. SECTIONS POLICE STATION
1 156/2010 376/328 IPC KALKAJI
2 1099/2014 354/354B/324 IPC MALVIYA NAGAR
3 495/2015 376/377 IPC MALVIYA NAGAR
4 1514/2014 498A/406/34 IPC VASANT VIHAR
5 3145/2021 498A/ 377/ 342/ 354B/ 325/ 326/ 307/ 34 IPC, 67 IT ACT, POCSO ACT NAGAON ASSAM
6. 02/2023 376(2)(N)/506 IPC WOMEN PS FARIDABAD

Cases filed by J***i alias K*t*u

S.No. FIR NO. SECTIONS POLICE STATION
1 262/2019 376 IPC Dayalpur, Delhi
2 572/202 376 IPC Palam, Delhi

That the above stated data suggests that there is a rampant misuse of the rape laws on the instance of few of the complainants.

When the conviction rate in rape cases in Delhi is even below 5% then how justified it is to call Delhi a Rape Capital??? It’s a time to introspect. I had also gathered some information about some complainants who are actively involved in filing multiple sexual offences against different individuals motivated by personal enmity, or extortion and also to receive financial gain through Victim Compensation Scheme of DSLSA. While the scheme was established to support genuine survivors of heinous crimes, its misuse risks turning it into a tool for personal vendetta, thereby diverting focus from real cases of sexual violence.

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