NEW DELHI: A Delhi court, while granting bail to a doctor accused of rape, has remarked that the evidence suggests a consensual sexual relationship between the accused and the alleged victim.
The court criticized the Investigating Officer (IO) for conducting an unfair investigation and directed a higher officer to inquire into the investigation process.
The Additional Sessions Judge, Dhirendra Rana, presided over the bail plea of the doctor, accused of raping and sodomizing the complainant under the pretext of marriage on May 31 of the current year.
The judge noted the complainant's refusal for an internal examination, highlighting the absence of medico-legal evidence to support the rape and sodomy allegations. The court also pointed out that the complainant had previously filed an FIR with similar allegations against another individual, according to the investigating officer's report.
Additionally, the court mentioned other cases involving the complainant and her friend, including an FIR against the friend for rape. The judge stated, "Therefore, the antecedents of the complainant and her friend are reflecting something else which is in contradiction to her allegations in the present case."
The court observed that the complainant had filed a complaint against the doctor with the Delhi Government Mediation and Conciliation Centre in July 2023, which did not mention rape, and the matter was dismissed due to her non-appearance.
Expressing surprise at the complainant opting for mediation instead of informing the police about the alleged rape, the court emphasized her failure to provide her phone for investigation and non-cooperation in the inquiry.
Concluding the investigation of the accused, the court found that both parties were in a consensual relationship based on the chat history. The judge granted bail to the accused, emphasizing the need to look into the conduct of the Investigating Officer and directing an inquiry by the Deputy Commissioner of Police into the investigation's fairness.
(With agency inputs)
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