15-hour delay in rape complaint okay, says HC

The accused also faces the charge of assaulting the husband and relatives of victim later

NT Correspondent

Kalaburagi: The High Court, while rejecting the bail plea of a rape accused, has said that a “mere delay of 15 hours in lodging the complaint in the matter of this nature would not be fatal to the case of the prosecution”. The accused, while seeking bail before the bench of Justice V Srishananda, had pointed to the delay to claim his innocence.

The HC rejected this and also said that “Moreover, the question of delay is a matter to be decided during the course of trial”. The other accused in the case have already been granted bail. But in the case of Chetan, the 30-year-old from Raichur, the HC said he alone was facing the charge of rape and not the other accused.

“Prima facie, the material on record thus clearly makes out a case as against the petitioner. Grant of bail on the ground of parity would not be available as the allegation made against the present petitioner is altogether different from the allegations made against the other accused persons who have been granted bail,” the HC said.

Raped his neighbour Chetan had lent Rs 15,000 to his neighbour, an auto driver. When the neighbour was out on work on day in June, 2022, Chetan went to his house. The neighbour’s wife was alone and Chetan forced himself and raped her. When her husband returned two hours later, she narrated the incident to him.

By this time, Chetan returned with four others and started assaulting the neighbour and his relative who had gathered there. The victim filed a complaint and Chetan was arrested a few days later. Chetan approached the HC for bail and claimed that he had lent money to the alleged victim’s husband and there was a quarrel related to that and there was no question of rape and a false case has been filed against him.

The HC however noted that “Medical report of the victim lady clearly shows that she had traces of recent sexual intercourse. Further the statement given by the victim lady before the jurisdictional Magistrate recorded under Section 164 of CrPC also reveals that there is forcible sexual intercourse committed by the accused/petitioner with the victim lady. This aspect prima facie attracts the offence under Section 376 of IPC.”

The HC dismissed Chetan’s petition, but considering that he has been in custody since July 2022, and the fact that the charge sheet has already been filed, the Trial Court was directed to expedite the trial.

“The Trial Court is directed to dispose of the main case as early as possible, but not later than 31.10.2023. Needless to emphasise that the accused and prosecution shall cooperate for early disposal of the case.”