Coimbatore

Court allows IAF to retain custody of Flight Lieutenant in rape case

The First Additional District Judge, Coimbatore, on Saturday held that the Indian Air Force (IAF) can retain the custody of the Flight Lieutenant who was arrested by the Coimbatore City Police on charges of raping a woman colleague.

Allowing the IAF to have the custody of the accused, Flight Lieutenant Amitesh Harmukh (29), the court permitted the police to proceed with their investigation.

Judge S. Nagarajan held that the accused would only be under the custody of the IAF and the police should give proper intimation to the IAF well in advance for the investigation.

Upon receiving such intimation or requisition, the IAF should provide a feasible atmosphere within the campus of Air Force and should allow privacy of the investigation by the police.

The court ordered that the police, after completion of the investigation, shall prepare two sets of material evidence and one set shall be handed over for Court-Martial under the Air Force Act, 1950.

The court further ordered that it was open to the police to seek appropriate direction after the disposal of the case by the Court-Martial, as per Section 126 of Air Force Act, that a person convicted or acquitted by a Court-Martial may, with the previous sanction of the Central government, be tried again by a criminal court for the same offence or on the same facts.

The court issued the order after the police approached the District Court, Coimbatore, challenging the order of the Additional Mahila Court which sent the Flight Lieutenant to IAF custody on September 30, five days after his arrest. The plea challenged the custody of the accused, which the IAF claimed under Section 124 of the Air Force Act, 1950.

As per the First Information Report filed by the police, the alleged rape took place in the room of the woman officer on the campus of the Air Force Administrative College, Coimbatore, between 12.30 a.m. and 3 a.m. on September 10.

The woman officer approached the police with a complaint and the All Women Police Station, Coimbatore Central, arrested the accused on September 25.


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Printable version | Dec 3, 2021 10:28:22 PM | https://www.thehindu.com/news/cities/Coimbatore/court-allows-iaf-to-retain-custody-of-flight-lieutenant-in-rape-case/article37145274.ece

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