Minor's sexual-assault case: SC refuses bail to wife of suspended Delhi govt officer Khakha

New Delhi: The Supreme Court on Friday refused to grant bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor several times and impregnated her.

A bench of Justices B V Nagarathna and Satish Chandra Sharma, however, granted liberty to the petitioner to approach the trial court for bail after one year.

Advocate Subhashis Soren, appearing for the accused, argued that the accused has been in jail since August 2023 and charges have already been framed in the case.

The counsel for the Delhi police opposed grant of bail.

The top court, however, remained unimpressed and junked the plea.

The Delhi High Court on September 6 had dismissed the bail application of Seema Rani Khakha, saying the case "strikes at the root of trust between two families" and the possibility of influencing witnesses cannot be ruled out at this stage.

Premoday Khakha has been accused of allegedly raping the daughter of a person known to him several times between November 2020 and January 2021.He is in judicial custody after being arrested in August 2023.

His wife, Seema Rani, allegedly gave the girl medicines to terminate her pregnancy. She is also in judicial custody.

The high court had said while "bail is the rule and jail an exception", the courts must strike a balance, especially in cases of sexual assault on minors.

"In the present case, the victim, after the death of her father, went to stay with the family of the accused. The victim used to call Premoday Khakha 'mama'," the court had noted.

"The facts are very serious in nature. It strikes at the root of trust between the two families," it had remarked.

The accused woman's counsel had argued that she is 50 years old and has been in custody for a year and that the allegations levelled by the minor survivor, including that of pregnancy, are false.

Her lawyer had said there was a medical report to show that the main accused had undergone vasectomy earlier and therefore, was "incapable of reproducing".

The court, however, had retorted that the issue of pregnancy is not relevant at the stage of bail and the accused woman should have "protected the girl".

"We are not on pregnancy or abortion (at this stage). A child comes to your home and you do this," it had said.

The two were arrested in August 2023 after the survivor got her statement recorded before a magistrate at a hospital.

The case was registered under provisions of the Protection of Children from Sexual Offences (POCSO) Act and Indian Penal Code.