January 29, 2021 1:12:26 am
The Delhi High Court has granted bail to a rape accused after observing that there was a delay of 8 hours in registration of FIR. The victim in the case is two-and-half-years old.
Justice Suresh Kumar Kait in an order said, “In view of the… fact that the prosecutrix being 2 1⁄2 years old, due to which her statement was not recorded, however, without commenting on the merits of the prosecution case and keeping in view the fact that there is a delay of 8 hours in registration of FIR, I am of the view that the petitioner deserves bail.”
According to the case registered at a South Delhi district police station last year, the complainant saw the accused in an intoxicated state and allegedly heard him “insisting the victim perform oral sex”. The complainant also told police that the zip of the accused’s pants was open when he was with the victim.
The accused has been booked under IPC Section 376 AB (rape on a woman below 12 years of age) and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act.
Opposing the bail plea, Delhi Police told the court that on seeing the incident, neighbours had gathered and beat up the accused. He was then handed over to the police and arrested.
However, the accused’s counsel argued that there are many contradictions in the case and that the MLC of the accused does not show any signs of intoxication. There was no abrasion on his body, his counsel argued further, while contradicting the claim that he was beaten up by neighbours. It was also argued that the alleged recording of CCTV produced by the complainant was never verified by police, due to which it loses evidentiary value.
The court, after seeing the CCTV footage, said in the order, “In the said CCTV footage, father of the victim was outside the building. Complainant entered the building and within a minute, he is seen catching hold of the petitioner and bringing him out. If such type of heinous crime had taken place, and that with a 2 1⁄2 year old girl, why immediately FIR was not registered.”
The court also said there was no sign of beating and intoxication in the accused’s MLC: “If neighbors had beaten the petitioner and he was in a state of intoxication, then the said fact should have come in the MLC. But the said MLC does not show any sign of bruises or abrasion, indicating that there was no public beating which was alleged in the FIR.”
The trial in the case is pending and is listed for arguments on charges on February 2.
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