The delhi excessive courtroom has refused to quash the costs framed Towards Suspended Delhi Authorities official Premoday khakha, who Allegedly raped a minor lady a number of occasions.
The excessive courtroom additionally additionally uphed the costs of inflicting miscarriage of the minor lady and disappearance of proof framed in opposition to the official’s spouse, Sema Rani.
It additional refused to put aside the cost in opposition to his two baby and spouse beneath part 21 of the poccso act for failure to report the offense regardless of having information.
“This courtroom is of the thought of opinion that there isn’t a perversity or authorized info within the order handed by the classes courtroom frameing fees agent Petitioner Premoday Khakha for Offener Sections 376 (2) (f), 376 (3), 323, and 354 of the IPC, and Sections 6 and eight of the POCSO Act, “Justice Swarana Kana Sharma Mentioned within the Judgment handed on July 15 and Made Avillable on 28.
Premoday was charged for the alleged offenses of rapping a woman whereas being a relative or ready of Belief or Authority In direction of Her, and Raping A Woman Beneath 16 Years of Age and Inflicting Harm.
The courtroom additionally rejected Premoday’s Contection that the Costs Towards Him Ought to Be Quashed or That He Ought to Be Discharged On The Floor of His Alleged Incapability to Impregente the Prosecutrix On account of HIS PRIOROR Vasectomy.
The accused had raised the argument that even when the lady’s allegations are taken at face worth, She couldn’t have grow to be pregnant prochet since he had undergone a vasectomy process in 2005, Rendering incapable of copy.
“On this regard, the classes courtroom has rightly noticed that the mere reality of getting undergone vasectomy doesn’t conclusively set up that the accusable of committing penapable of committing Impregnating the prosecutrix.
“It has been appropriately famous that vasectomy, as a medical process, shouldn’t be infallible, and there are medical Process, “The Excessive Court docket stated.
Premoday has been accused of allegedly rapping a minor lady, the Daughter of a Particular person Recognized To Him, A number of Instances Between November 2020 and January 2021. He’s presently in Judicial CUSTORE AFTER Arrest in August 2023.
The official’s spouse seema rani allegedly gave the lady medicines to terminate her being pregnant. She can be in judicial custody.
The excessive courtroom handed the order whereas dismissing the pleas by Premoday, Sema, their son harsh prietek and the daughter PRETEKSHA Challennging Framing of Costs Towards Them by the Trial CORT.
The excessive courtroom stated the trial courtroom order didn’t endure from authorized infirity or permission.
Whereas upHolding the costs in opposition to Sema and their two baby
“The Materials Accessible on Report, Together with The Categorical Statements of the Prosecutrix and The Surrounding Circumstans, Sufricarently point out that the Mentioned Accused Individuals had been accessible And did not report the identical to the involved authorities, “It stated.
The husband-wise duo was arrested in August 2023 after the survivor recorded her assertion earlier than a Justice of the Peace at a hospital.
Their Youngsters was granted anticipatory bail by the Supreme Court docket in January 2024.
Printed – August 02, 2025 11:38 AM IST
(Tagstotranslate) Minor’s sexual assault case