The Delhi High Court has granted bail to a rape accused, observing a delay of 8 hours in registration of the FIR, the Indian Express reported. The victim in the case is a two-year-old child.
“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," said Justice Suresh Kumar Kait in his order.
The case was registered at a South Delhi district police station last year. The complainant allegedly saw the accused in an intoxicated state and heard him insisting the victim to perform oral sex. The zip of the accused was also open when he was with the victim, the complainant said.
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.
Delhi police opposed the bail plea and told the court that on witnessing the incident, neighbours had gathered and beat up the accused, who was later handed to the police and arrested.
But the accused's counsel said there were many contradictions in the case, adding that his MLC did not show signs of intoxication. It argued further that there were no abrasions on the body of the accused and contradicted the claim he was beaten up by the neighbours. The recording of the CCTV produced by the complainant was also not verified by the police, his counsel argued further.
“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," said the court after viewing the CCTV footage.
The court also said there was no sign of beating and intoxication in the accused’s MLC.