Delhi court acquits Army colonel in rape case
New Delhi : A Delhi court has acquitted an Army officer and his friend of rape charge, citing the complainant's "unreliable" testimony.
Additional Sessions Judge Gagandeep Jindal highlighted the contradictions and inconsistencies in the complainant's testimony, besides the absence of forensic or medical evidence to prove the allegations and an unexplained delay in reporting the matter to the police. While the colonel was booked under Sections 376 (2) (n) (repeated raped), 328 (causing hurt by means of posion etc.), and 506 (criminal intimidation), both men faced Section 376 D (gang rape) of IPC.
In an order dated May 30, and made available on June 2, the court said, "Solitary, uncorroborated and unreliable testimony of the complainant cannot be taken as a gospel truth on its face value in the absence of corroboration from any other independent cogent evidence....prosecution has failed to establish its case against the accused beyond a reasonable doubt."
Referring to the complainant's version, the court noted that the first incident of rape took place in October 2016 in Delhi and last incident occurred in August 2021, but the matter was reported to police in November 2021. "There is a delay of more than five years from the first incident and delay of more than three months from the last incident of rape, in reporting the matter to police.
The prosecution had tried to explain the delay by contending that the accused was having an obscene video of the complainant recorded by him on October 28, 2016," the court said. The court, however, said no such video was found during the investigation, and even the forensic analysis of the Army officer's cell phone did not reveal any such video.
The order added, "The complainant is an advocate by profession. Therefore, it cannot be said that she was not aware of her legal rights. It is hard to believe that she continued to be a victim of circumstances for five years and simultaneously continued to provide legal advice to the accused."
Pointing out the substantial delay in reporting the matter to police, the court observed the framing of the accused persons couldn't be ruled out, particularly given a dispute over the payment of the complainant's professional fee by the Army officer. Advocate Abimanyu Kumar from Tripaksha appeared for the Army officer.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
4 hours ago
- Time of India
MP HC commutes murder charge to culpable homicide, orders release of accused
Bhopal: A division bench of the Madhya Pradesh high court reduced the charge of murder against a woman accused of killing her husband to culpable homicide. The charge against her wife of father's elder brother (tai) was also reduced likewise, while her brother's wife was absolved of the charge. The accused, Rajkumari, and two other women from her parental family were found guilty of the murder of Rajkumari's husband by a sessions court at Sagar and sentenced to life. Since the wife was in jail for 10 years and her tai remained in jail for 9 years before being released on bail, the court stated that they already served the sentence for culpable homicide and should be released from jail forthwith. Rajkumari was charged with murder for throwing boiling water on her husband, causing his death during treatment. Her bhabhi, Rati, and tai, Ramsakhi, were co-accused in the case. In their criminal revision petition, Rajkumari and Ramsakhi argued that the deceased died after being discharged from the hospital following treatment. They contended that, at worst, they could be convicted for culpable homicide and not murder. On the other hand, Rajkumari's bhabhi, Rati, argued that the deceased did not name her in his dying declaration, so she should be absolved of the charge altogether. The bench of Justice Atul Sreedharan and Justice Anuradha Shukla found that Rajkumari's husband died 10 days after being discharged from the hospital due to septicemia, and Rati's name does not appear in the names taken by the deceased in his dying declaration. The court reduced the charges against Rajkumari and Ramsakhi to culpable homicide under section 304 of the IPC from section 302 and acquitted the third accused.
The Hindu
4 hours ago
- The Hindu
Israel reveals tunnel under Gaza hospital, says Mohammed Sinwar's body found there
The Israeli Army said on Sunday (June 8, 2025) it had retrieved the body of Hamas's military chief Mohammed Sinwar in an underground tunnel beneath a hospital in southern Gaza, following a targeted operation last month. Another senior Hamas leader, Mohammad Shabana, commander of the Rafah Brigade, was also found dead at the scene along with a number of other militants, who are still being identified, said IDF spokesperson, Brigadier General Effie Defrin. Israeli forces gave a small group of foreign reporters a tour of the tunnel that had been uncovered beneath the European Hospital in Khan Younis, which Brig. Gen. Defrin said was a major command and control compound for Hamas. "This is another example of the cynical use by Hamas, using civilians as human shields, using civilian infrastructure, hospitals, again and again," said Brig. Gen. Defrin. "We found underneath the hospital, right under the emergency room, a compound of a few rooms. In one of them we found, we killed Mohammed Sinwar," he said. Israeli Prime Minister Benjamin Netanyahu announced Sinwar's death last month, but Brig. Gen. Defrin said they now had his DNA which proved beyond doubt it was him. Hamas has not commented on reports of the death of either Sinwar or Shabana. Sinwar was the younger brother of Yahya Sinwar, the Palestinian militant group's deceased leader and mastermind of the October 2023 attack on Israel that killed 1,200 people according to Israeli tallies, and which triggered the Israeli invasion of Gaza. Shabana was one of Hamas's most senior and battle-hardened commanders in southern Gaza. He played a central role in constructing the network of tunnels under the southern city of Rafah, which were used for ambushes and cross-border raids. Destruction The drive to Khan Younis in Israeli military vehicles showed widespread devastation, with countless buildings lying in ruins, and piles of rubble collected at the roadside. The Israeli military has raided or besieged numerous hospitals during the war, alleging that Hamas uses them to conceal fighters and orchestrate operations — a charge Hamas has repeatedly denied. While Israel has presented evidence in certain cases, some of its assertions remain unverified. Brig. Gen. Defrin said the Army had carefully planned the strike near the European Hospital in order not to damage it. A large trench dug in front of the Emergency Room entrance led down to a hole in the claustrophobic, concrete tunnel, that was used as a hideaway by Hamas fighters, the Army said. During the search of the site, Israeli forces recovered weapon stockpiles, ammunition, cash and documents that are now being reviewed for intelligence value. "We will dismantle Hamas because we cannot live with this terror organisation right in our backyard, right across our border," Brig. Gen. Defrin said. More than 54,000 Palestinians have died during the ongoing Israeli assault, according to Gaza health authorities. The U.N. has warned that most of Gaza's 2.3 million population is at risk of famine.
Indian Express
4 hours ago
- Indian Express
Take disciplinary action against Satara SP, 3 cops for failing to book IB officer: SPCA tells Maharashtra govt
The State Police Complaints Authority (SPCA) recommended the Maharashtra government to institute disciplinary proceedings against four policemen, including the Superintendent of Police (SP) Satara, over failing to lodge an FIR against a Subsidiary Intelligence Bureau (SIB) officer, who was accused of abusing and assaulting his junior in May 2024. SPCA chairperson Justice (retired) Shrihari Davare, member Umakant Mitkar and retired IAS officer Vijay Satbir Singh, after hearing the complaint filed by Saikumar Suryakant Mehta, a junior SIB officer, on June 5 passed an order partly allowing the complaint against Satara SP Sameer Sheikh, Inspector Rajendra Masake, Sub-Inspector Avinash Gavli, and Assistant Inspector Amit Shitole, all then attached to Satara city police station. The complainant, who is posted as junior intelligence officer in the affiliated office of SIB in Satara, on July 18, 2024 had approached the SPCA with a complaint claiming non-registration of FIR over the alleged incident of severe assault upon him by his superior officer Hitesh Inamke. 'Cognisable offence committed, but NC lodged' Mehta's complaint before SPCA claimed that on May 11, 2024, his senior Inamke allegedly abused him in front of other employees in the office without any reason and severely assaulted him, leading to a fracture to the vertebra, causing a threat to his life. Mehta initially complained to his department's seniors in Pune and Mumbai the same day. But after no action was taken on his complaint, he eventually approached the Satara police after due medical examination and treatment and filed a complaint. However, despite submitting medical reports and certificates, the police did not register an FIR in the matter, prompting Mehta to move SPCA. Mehta's complaint to SPCA stated that, though prima facie cognisable offence was committed by Inamke, the police personnel recorded a non-cognisable offence against him. 'Injury not substantiated' However, the police officers in question claimed before the SPCA that since the certificate dated June 13, 2024 issued by District General Hospital, Satara did not disclose any fracture to vertebra of the complainant and since the said certificate discloses only 'simple injury' and did not disclose any external injury, they recorded a no-cognisable offence in the matter under sections 323, 504, 506 of IPC on June 21, 2024. The police officers conducted an inquiry and recorded the statements of witnesses — staff in the office of Mehta — as well as seized CCTV footage from the office. Besides, they also issued a notice under the CrPC to Inamke on August 25, 2024. The police officers claimed before the authority that they were neither involved in serious violation of provision of law nor they abused their lawful authorities, and have not committed any misconduct as alleged by Mehta. The police officers opposed Mehta's allegations and submitted that though the alleged incident occurred on May 11, 2024, Mehta lodged the complaint 14 days later. The policemen further submitted that despite Mehta's claim that he sustained fracture to vertebra during the assault, it was not substantiated by the medical papers of Satara Civil Hospital, produced by the complainant. Referring to other diagnostic reports submitted by the complainant, the policemen argued that the reports admittedly belonged to private hospitals and they were contrary to each other and in the absence of the report from the Civil Hospital categorically showing the fracture to vertebra of the complainant, the police were unable to register the FIR immediately as per the guidelines issued by the Constitutional bench of the Supreme Court in the case of Lalita Kumari vs State of UP. 'Serious violation of law' After hearing both the sides, citing conclusions drawn by the Supreme Court of India in the case of Lalita Kumari Vs state of UP and others, the SPCA found that by not lodging a cognisable offence, the four police officers have committed the serious violation of provision of law or abused of their respective lawful authorities as contemplated under section 22Q (1)(a)(viii) of the Maharashtra Police (Amendment & Continuance) Act, 2014 and they have committed the misconduct as prescribed under the Regulation No.2(n) of the Regulations, 2017. In the order, SPCA stated that the state government should treat the same as preliminary inquiry for the purpose of instituting disciplinary proceedings against the four policemen and the state government or the competent authority shall direct the institution of disciplinary proceedings or any other legal action against the said delinquent police officers. The authority has exonerated a fifth policeman as the complaint could not be established against him. The SPCA has also directed that the copy of the present judgment be forwarded to the Director General of Police, Maharashtra, who shall circulate the conclusions drawn by the Supreme Court in the case of Lalita Kumari vs. State of UP & Anr. among all the police stations/police chowkies in the state categorically directing them to observe and follow the same.
