Solan court allows woman's plea challenging closure report in gang rape case against Haryana BJP chief

The Print

6 days ago

On 1 April this year, judge Malhotra admitted the revision petition and sought case records from the Kasauli court.
Sessions judge Arvind Malhotra directed the Kasauli court to record the woman's statement and objections by 30 July, and decide whether to uphold the police closure report or reopen the case.
Gurugram: The Solan district and sessions court in Himachal Pradesh has allowed a revision petition of a Delhi-based woman seeking to reopen a gang rape case filed by her against Haryana BJP president Mohan Lal Badoli and Haryanvi singer Rocky Mittal, alias Jai Bhagwan.
The judge heard arguments from both sides 5 July and announced its order in open court Tuesday, allowing the woman's plea and ruling the complainant must appear before the Kasauli court to record her statement and submit objections by 30 July.
The Kasauli court will then decide whether to proceed with the case or uphold the closure report.
The case has drawn significant attention due to Badoli's position as Haryana BJP president. He was appointed to the post in July 2024, ahead of the assembly elections, relieving Chief Minister Nayab Singh Saini of the dual charge. Badoli is hopeful of getting a full term in the office.
ThePrint tried to reach Badoli through texts and calls Tuesday, but his number was found switched-off. This report will be updated if and when a response is received. He had earlier dismissed the woman's allegations as 'baseless' and politically motivated.
The BJP Tuesday shared his pictures with party leaders including state general secretary (organisation) Phanindranath Sharma and Haryana Minister Rajesh Nagar from the Amarnath cave. On Monday, the BJP shared a press note with his pictures with other BJP leaders aboard a flight to Srinagar.
Mittal told ThePrint Tuesday that his lawyers have explained to him that the Solan court's order was between the police and the woman and that it does not affect him.
Also Read: Solan court admits appeal against closure report in gang rape case against singer, Haryana BJP chief
'Gangraped while visiting as tourist'
The case originates from a First Information Report (FIR) filed by the woman 13 December last year at the Kasauli police station in the Solan district of Himachal Pradesh under Sections 376D (gang rape) and 506 (criminal intimidation) of the Indian Penal Code (IPC).
The allegations, which became known to public 14 January, claim that the incident occurred 3 July 2023 at the Himachal Tourism Corporation's Ros Common Hotel in Kasauli.
The complainant, a Delhi resident, alleged she was visiting Kasauli as a tourist with her friend and employer Amit Bindal when she met Badoli and Mittal.
According to her complaint, the accused coerced her into consuming alcohol, gangraped her in the presence of her friend, and recorded compromising photos and videos.
She further claimed the duo threatened to kill her if she reported the incident and later attempted to implicate her in a false case in Panchkula to silence her.
The Kasauli police investigated the case for over two months but found no corroborating evidence.
According to the Kasauli police, the complainant refused a medical examination and the 17-month delay in filing the FIR hindered the collection of critical evidence such as CCTV footage, alcohol glasses or bedsheets.
Consequently, on 4 February this year, the police filed a closure report, which the Kasauli judicial magistrate's court accepted on 12 March after the complainant failed to appear despite summonses issued to two addresses.
Complicating the matter, Rocky Mittal filed an extortion case against the woman 6 February 2025 at Panchkula's Sector 5 police station.
The FIR, lodged under Sections 308(2) (extortion), 308(5) (extortion by fear of death or grievous hurt), 351(2) (criminal intimidation), and 61 (criminal conspiracy) of the Bharatiya Nyaya Sanhita (BNS), also named Amit Bindal, another woman, and an unidentified person.
Mittal alleged the complainant demanded Rs 50 lakh and political favours to settle false the rape case. He cited WhatsApp calls 21 and 22 January this year, and earlier threats between 1 and 18 September 1 last year.
He claimed the rape allegations were part of a 'honey-trap' plan using audio and visual evidence. He accused the complainant of using AI-generated videos to blackmail him and Badoli.
The woman, who was granted anticipatory bail 12 March by a Panchkula court, alleged the extortion case was filed to pressure her into withdrawing the rape case. She claimed the fear of arrest prevented her from attending the Kasauli court hearings 6 and 12 March this year.
The complainant, represented by her advocate Rajeev Negi, challenged the Kasauli court's order on the police closure report in the Solan sessions court by way of a revision petition. Her advocate argued the extortion case was a retaliatory move by the accused to discredit her.
(Edited by Ajeet Tiwari)
Also Read: Haryana BJP chief, singer Rocky Mittal booked in Kasauli for gang-rape, criminal intimidation