Minor's Sexual-Assault: HC Denies Bail To Suspended Delhi Govt Officer's Wife, Says 'You Should've Protected The Girl'

High Court dismissed the bail application, saying the case "strikes at the root of trust between two families" and the possibility of influencing witnesses cannot be ruled out at this stage.

Delhi High Court on Friday refused to grant bail to the wife of suspended Delhi government officer, who allegedly raped a minor several times and impregnated her.

Source : PTI

The high court on Friday refused to grant bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor several times and impregnated her.

Justice Dinesh Kumar Sharma dismissed the bail application of Seema Rani Khakha, saying the case "strikes at the root of trust between two families" and the possibility of influencing witnesses cannot be ruled out at this stage.

Premoday Khakha has been accused of allegedly raping the daughter of a person known to him several times between November 2020 and January 2021. He is in judicial custody after being arrested in August 2023.

His wife, Seema Rani, allegedly gave the girl medicines to terminate her pregnancy. She is also in judicial custody.

Justice Sharma said while "bail is the rule and jail an exception", the courts must strike a balance, especially in cases of sexual assault on minors.

"In the present case, the victim, after the death of her father, went to stay with the family of the accused. The victim used to call Premoday Khakha as 'mama'," the court noted.

"The facts are very serious in nature. It strikes at the root of trust between the two families," it remarked.

The accused woman's counsel argued that she is 50 years old and has been in custody for a year and that the allegations levelled by the minor survivor, including that of pregnancy, are false.

Her lawyer said there was a medical report to show that the main accused had undergone vasectomy earlier and therefore, was "incapable of reproducing".

The court, however, retorted that the issue of pregnancy is not relevant at the stage of bail and the accused woman should have "protected the girl".

"We are not on pregnancy or abortion (at this stage). A child comes to your home and you do this," it said.

"How will the society run? Kaun jayega kisi ke ghar (Who would go to someone else's house)? You should have protected her," the court added.

The counsel for the Delhi Police opposed the bail plea and argued that the accused persons were in a "position of trust" and Seema Rani was not a "passive spectator" but played an "active role" in the crime.

The police's lawyer also raised objections against the accused's claim that the girl, who was 15 years old at the time of the alleged incident, was undergoing "psychiatric treatment".

She stressed the fact that both families belong to a "small community" and there is a possibility of witnesses being influenced if bail is granted, especially when evidence is yet to be recorded in the trial court.

The husband-wife duo were arrested in August 2023, after the survivor got her statement recorded before a magistrate at a hospital.

The case was registered under provisions of the Protection of Children from Sexual Offences (POCSO) Act and Indian Penal Code. 

(This report has been published as part of the auto-generated syndicate wire feed. Apart from the headline, no editing has been done in the copy by ABP Live.)