Rape case: SC dismisses pleas against HC order giving bail to former Andaman and Nicobar chief secretary
New Delhi, Aug 24 (PTI) The Supreme Court on Thursday dismissed pleas challenging the bail given to former Andaman and Nicobar Islands chief secretary Jitendra Narain in a rape case.
Narain was granted bail by the Port Blair circuit bench of the Calcutta High Court on February 20.
The apex court delivered its verdict on the appeals filed by the state and the complainant woman against the bail granted by the high court.
“We have dismissed all the petitions,” said a bench of Justices Vikram Nath and A Amanullah.
“We have directed the trial court to expedite the trial also in which all cooperation will be extended by the respective parties,” said Justice Nath pronouncing the verdict.
The bench observed that some apprehensions were expressed by the woman regarding her family members and herself.
The top court said it has directed the Union Territory administration to ensure if there is any complaint made by the woman then the same be adequately dealt with.
” we find that the high court was right in not dealing with the respective arguments otherwise that would ultimately affect the trial or merits of the case We have also refrained ourselves from referring to specific facts, although we have noticed some,” the bench said.
The woman has alleged that she was raped by Narain and others after being lured to the then chief secretary’s residence with the promise of a government job.
On August 1, the apex court reserved its verdict on the pleas challenging Narain’s bail in the case filed by the 21-year-old woman.
Narain was arrested on November 10 last year after an FIR was registered on October 1, 2022, when he was posted as the chairman and managing director of the Delhi Financial Corporation. The government suspended him on October 17 last year.
A Special Investigation Team (SIT) had probed the allegation that the woman was lured to the chief secretary’s residence on the promise of a government job and raped by multiple people, including Narain.
The SIT filed a 935-page charge sheet in the case on February 3.
The prosecution’s lawyer had argued before the top court that there was no reason for granting bail to the former chief secretary when a prima facie case was made out against him from the material on record.
He had also alleged destruction of evidence, including CCTV footage, in the case and asserted the prosecutrix’s statement is enough to prove a case of rape.
The accused’s counsel had claimed that he was implicated in a “strategically created” case, which was “hyped out of proportion”.
Narain’s lawyer had argued that he had fulfilled the bail conditions and the court cannot hold a mini trial at this stage.
The charge sheet against Narain, businessman Sandeep Singh alias Rinku and suspended labour commissioner Rishishwarlal Rishi is based on the statements of nearly 90 witnesses, forensic reports and electronic evidence, police said.
The accused have been charged for alleged offences punishable under Indian Penal Code (IPC) sections 376 (punishment for rape), 376C (intercourse by superintendent of jail, remand home, etc), 376D (intercourse by any member of the management or staff of a hospital), 354 (assault or criminal force to woman with intent to outrage her modesty), 328 (causing hurt by means of poison etc. with intent to commit an offence) and 201 (causing disappearance of evidence).
The charge sheet also mentions IPC sections 506 (criminal intimidation), 120B (criminal conspiracy), 500 (defamation) and 228A (disclosure of identity of the victim of certain offences).
The charge sheet also accused Narain of misusing his position to destroy evidence at his official residence.
