The Judicial Magistrate Court in Coimbatore on Thursday, 30 September, upheld the Indian Air Force’s appeal to hand over the accused in the alleged rape of a woman IAF officer to the IAF.
(Photo: The News Minute)
The Judicial Magistrate Court in Coimbatore on Thursday, 30 September, upheld the Indian Air Force’s appeal to hand over the accused in the alleged rape of a woman IAF officer to the IAF.
“The argument was who is entitled to custody; who is entitled to investigate. They (the police) were quoting certain provisions of the Criminal Procedure Code. I was quoting the Indian Air Force Act 1950. The Act is very clear, because it is a special Act. They are entitled to have the custody of the accused. The alleged crime is supposed to have taken place inside the premises which is under control of the Indian Air Force. So, they are entitled to investigate, they are entitled to have a court of enquiry, and entitled to have a court martial.”
His lawyer added that a court of enquiry as per the military system would be constituted following which a Court Martial would be convened.
Flight Lieutenant Amitesh Harmukh was arrested on 25 September for allegedly sexually assaulting a fellow officer. The accused had been booked under Section 376 (punishment for rape) of the Indian Penal Code.
Following his arrest, Amitesh sought to prevent a police investigation or a regular trial by a criminal court in the case, and instead stated in his affidavit that the case ought to be brought before a military court martial — an internal investigation and trial system in the armed forces.
The affidavit further adds that the police should have handed custody of Amitesh to the Air Force authorities.
(Published in arrangement with The News Minute)
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