Delay in FIR Raises Questions in Rape Case – Court Grants Protection

Delay in FIR Raises Questions in Rape Case – Court Grants Protection.webp

New Delhi, March 18 A Delhi court has granted interim protection from arrest to a man accused in a rape case and directed him to cooperate with the investigation, noting delays and certain gaps in the prosecution's case.

Additional Sessions Judge Kapil Kumar was hearing an anticipatory bail application filed by the accused, Sanjay Jain, in connection with an FIR registered at Keshav Puram Police Station under charges of rape.

In an order dated March 17, the court said, "Considering the circumstances of this case, particularly the fact that the FIR was registered about five years after the first incident of sexual assault, the applicant deserves the opportunity to cooperate with the investigation."

The court directed that no coercive measures be taken against the accused until the next hearing on March 28, and asked him to cooperate with the investigating officer.

During the hearing, the prosecution opposed the bail plea, stating that the allegations against the accused were serious in nature.

However, the court noted that the first alleged incident of sexual assault dated back to April 2021, while the FIR was registered in 2026, indicating a gap of around five years.

The court also took note of submissions by the investigating officer that the complainant's husband, who allegedly received obscene photos or videos, had not provided any such material to the police so far.

It was further informed that the prosecutrix had refused to undergo a medical examination.

"Considering the circumstances... the applicant deserves the opportunity to cooperate with the investigation," the court observed while granting interim relief.

The court allowed the investigating officer to place further developments and any grounds for the accused's custodial interrogation on record for the next hearing.
 
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anticipatory bail bail application complainant criminal law custodial interrogation delhi court fir registration interim protection investigation cooperation keshav puram police station medical examination prosecution rape investigation sanjay jain sexual assault
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