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Supreme Court of India 2022-06-16 dismissed

MS. P vs STATE OF UTTARAKHAND & ANR

Bench: 2 — Dinesh Maheshwari, Vikram Nath

In Brief

A woman alleged her fiancé raped her in Delhi in 2016, then later hurled abuses and threats at her in her home district of Chamoli, Uttarakhand. The Sessions Court discharged him from the rape charge due to lack of territorial jurisdiction (the rape occurred in Delhi, outside its jurisdiction) but transferred the abuse and threat charges to a lower court. The Supreme Court upheld this decision, holding that the rape offence and the later threats do not constitute "one series of acts forming the same transaction" under criminal procedure law. They occurred at different times and places without continuity of action or shared purpose, so they cannot be jointly tried. The rape must be prosecuted in Delhi, while the other charges were properly tried separately at Chamoli.

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Criminal Law Criminal Procedure Rape Territorial Jurisdiction Joinder of Charges Double Jeopardy

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