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Minor's Sexual Assault Case: Delhi HC Refuses 'Default Bail' To Suspended Delhi Govt Officer Khakha

Khakha assailed a trial court order denying him the relief of statutory bail as he contended that the charge sheet filed in the case was based on an incomplete investigation.

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Delhi High Court
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The Delhi High Court on Monday refused to grant "default bail" to suspended Delhi government officer Premoday Khakha, who allegedly raped a minor girl several times and impregnated her.

Khakha assailed a trial court order denying him the relief of statutory bail as he contended that the charge sheet filed in the case was based on an incomplete investigation.

His wife also sought a default bail before the high court in the case and a similar order was passed on her plea as well.

Rejecting the bail pleas, Justice Jyoti Singh said there was no infirmity in the trial court order and a substantial investigation was done by the police before filing the charge sheet within the stipulated time.

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"Charge sheet was filed on October 11, 2023. Cognisance was taken by the trial court on November 8, 2023. Undoubtedly substantial investigation has been completed," the court said.

"The court finds no infirmity in the trial court order refusing default bail," concluded the court.

As per the Code of Criminal Procedure, an accused is entitled to default bail if the investigating agency fails to file a charge sheet before the court concerned within the stipulated time. The time frame depends on the offences invoked and was 60 days in this case.

Khakha has been accused of allegedly raping a minor girl several times between November 2020 and January 2021 and is currently in judicial custody after being arrested in August.

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The minor was the daughter of a person known to the accused, according to police.

The official's wife Seema Rani is also an accused in the case. She allegedly gave the girl medicines to terminate her pregnancy. The woman is in judicial custody.

The couple was arrested after the survivor recorded her statement before a magistrate at a hospital.

The case was registered under provisions of the POCSO Act and Indian Penal Code sections 376(2)(f) (being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman) and 509 (word, gesture or act intended to outrage the modesty of a woman).

IPC sections 506 (criminal intimidation), 323 (voluntarily causing hurt), 313 (causing miscarriage without woman's consent) and 120B (criminal conspiracy) have also been invoked in the case, police said.

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