In a rare case of bail in POSCO (protection of children from sexual offences act), a city court on Wednesday granted bail to the accused and ordered the police to inquire about the role of the IO (investigating officer) in registering the FIR.
The complaint was given at least 12 years after the crime was committed. As per the victim, she was a minor at the time when the crime was committed. The man had sexually assaulted her and threatened her with dire consequences if she spoke about it to anyone.
The case was registered on January 13, 2023 at Delhi’s Khayala Police station and the accused was immediately arrested. The accused worked in a Delhi government hospital as a nursing officer.
The woman, in her 20s, alleged that she was a minor. The accused befriended her. He lived in her neighborhood in rented accommodation. He entered into a relationship with her with the promise of marriage, while she was still a minor.
Since the police did not seek his custody, soon after the accused arrest, they produced him before the court from where he was sent to Tihar.
During the bail hearing on February 7, the defense counsel, Samta Jain aregued that vicitm has been involved in a similar case earlier where she alleged rape and extorted money from the accused.
The defence council told the court in the year 2017 and 2018, the victim herself attended the marriage ceremonies of the sister of the accused and the accused himself, respectively.
The defence counsel also informed the court they have accessed the mobile phone recording in which IO can be heard demanding money from the family of the accused, on the behalf of the victim. The court was also informed that the CD along with the complaint was submitted before the DCP (Deputy Commissioner of Police) of that district.
The defence counsel further argued in the court that the accused has been falsely implicated at the insistence of the IO and the victim to extort money.
The prosecution, however, while opposing the bail argued that the offense committed by the accused is grave and serious in nature and he may threaten the victim and temper with the evidence if granted bail.
The court while granting the bail ordered “…victim had stated that the last talk that she had with the accused was in 2018. The present case has been registered on January 13, 2023. The accused has been in custody since January 13. As per the school record, the victim is aged about 22 years. As per submissions of victims recorded yesterday, there is no threat perception.”
“Keeping in view all the aforesaid factors and also the fact that IO has not asked for any further custodial interrogation, the accused Rajesh Meena is admitted to bail on furnishing surety bond in the sum of Rs. 30,000 on the condition that he shall not make any contact with the victim, he shall appear before the Court on each and every date of hearing as and when the charge-sheet is filed and he shall not commit the similar type of act or offence,” court order reads.