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 in advance for the investigation. Upon receiving such intimation or requisition, the IAF should provide a feasible atmosphere within the campus of the Air Force and should allow privacy of the investigation by the police.
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The court ordered that the police, after completion of the investigation, shall prepare two sets of material evidence. One set shall be handed over for Court-Martial under the Air Force Act, 1950.
The court ordered that it was open to the police to seek appropriate direction after the disposal of the case by the Court-Martial. 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.