Minor's Rape Case: High Court Denies Default Bail To Delhi Govt's Suspended Women & Child Department Officer, Wife

The Delhi High Court on Monday denied default bail to Delhi Government's suspended Women and Child Development Department officer Premoday Khakha, accused of raping a minor girl over several months and impregnating her. Court also denied relief to Khakha's wife.

Justice Jyoti Singh rejected the pleas moved by Khakha and his wife seeking default bail under Section 167(2) of Code of Criminal Procedure Code.

It was their case that the chargesheet in the case was filed by the Delhi Police based on an incomplete investigation.

Rejecting the petitions, the court observed that chargesheet was filed in the case on October 11 last year and cognizance was taken by the trial court on November 8, 2023.

“Undoubtedly substantial investigation has been complete…,” the court said.

It added that there was no infirmity in the trial court order denying statutory bail and said that a substantial investigation was done by the Delhi Police before filing the chargesheet within the stipulated time.

Khakha and his wife were arrested by the Delhi Police last year. The allegation against the wife is that she gave abortion pills to the minor child. The duo is presently in judicial custody.

A division bench, in August last year, took cognizance of the matter and asked the Delhi Police to ensure that the identity of the minor child is protected and not revealed in any manner.

Khakha and his wife have been booked under the Indian Penal Code and the POSCO Act. Before his arrest, Khakha was suspended from his post following a direction from Chief Minister Arvind Kejriwal.

As per the Delhi Police, the minor was staying at the residence of Khakha, who was a family friend, after her father passed away in 2020.

Khakha is accused of raping the minor several times between November 2020 and January 2021. Both Khakha and his wife were arrested on August 13.

The FIR has been registered for the offences under Sections 376(2)(f) (being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman), 509 (word, gesture or act intended to outrage the modesty of a woman), 506 (criminal intimidation), 323 (voluntarily causing hurt), 313 (causing miscarriage without woman's consent) and 120B (criminal conspiracy). 

Title: Premoday Khakha v. State and other connected matter

Citation: 2024 LiveLaw (Del) 214