Supreme Court Upholds Bail in Rape Case

Supreme Court verdict favors ex-chief secretary in alleged rape case

The Supreme Court has ruled on appeals by the state and the complaint against bail granted by the High Court in an important case. It dismissed challenges to the bail of former Andaman and Nicobar Islands chief secretary, Jitendra Narain, in an alleged rape case. The decision pertained to appeals by the UT administration and the woman, both contesting the bail order issued by the Port Blair circuit bench of the Calcutta high court on February 20. Justices Vikram Nath and Ahsanuddin Amanullah stated that the High Court was right in avoiding specific details due to the ongoing trial. The Court also addressed safety concerns and urged the district court at Port Blair to expedite the trial.

#SupremeCourt upholds bail for #Andaman ex-chief secretary in rape case pic.twitter.com/wV8IEqW4kd

— Md Mohsin (@Md291097) August 24, 2023

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The woman had expressed concerns about her family’s safety, prompting the court to instruct the union territory’s administration to address her complaints effectively. Jitendra Narain was arrested in November after a 21-year-old filed a complaint accusing him and others of sexually assaulting her under the pretext of offering a job.

Arrests in Alleged Assault Case

Narain, along with co-accused businessman Sandeep Singh and former labor commissioner Rishishwar Lal Rishi (now suspended), was arrested in the case. The special investigation team (SIT) formed by UT police stated that the incident took place in March and April of the previous year. However, the complaint was lodged on October 1, 2022, as the woman alleged that the police had initially refused to register her complaint.

Court Questions Complaint Timing

The Supreme Court, which reserved its verdict on August 1, considered the delay in reporting to the police. The court questioned the woman’s lawyer about the timing of her complaint, which was filed in August, despite Narain’s transfer from the island in July the previous year. At the time of the complaint in October, Narain held the position of chairman and managing director of Delhi Financial Corporation, but he was suspended on October 17.

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Former chief secretary Narain faced charges including rape (IPC section 376), misuse of power for the offense (sections 376C, 376D), outraging modesty (section 354), destroying evidence (section 201), criminal conspiracy (section 120B), criminal intimidation (section 506), and other IPC provisions.

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