Delhi HC Upholds Rape Charges Against Suspended Official in Minor’s Assault Case

The Delhi High Court has upheld severe charges against suspended Delhi government official Premoday Khakha, accused of repeatedly raping a minor girl between November 2020 and January 2021. In a July 15 ruling, made public on July 28, Justice Swarana Kanta Sharma dismissed Khakha’s plea to quash charges under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act, citing no legal flaws in the trial court’s decision.

Khakha faces charges under IPC Sections 376(2)(f) (rape by a relative or authority figure), 376(3) (rape of a minor under 16), 323 (causing hurt), and 354 (outraging modesty), along with Sections 6 and 8 of the POCSO Act for aggravated penetrative sexual assault. The court also upheld charges against Khakha’s wife, Seema Rani, for allegedly causing the minor’s miscarriage and destroying evidence, as well as charges against the couple and their two children, Harsh Prateek and Prateeksha, under POCSO Act Section 21 for failing to report the crime despite being aware of it.

The case involves the repeated assault of a minor, the daughter of an acquaintance, allegedly by Khakha, who exploited his position of trust. Seema Rani is accused of administering medicines to terminate the victim’s pregnancy. Both Khakha and his wife have been in judicial custody since their arrest in August 2023, following the survivor’s statement recorded before a magistrate at a hospital. Their children, however, were granted anticipatory bail by the Supreme Court in January 2024.

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Khakha argued for dismissal of the charges, claiming a 2005 vasectomy rendered him incapable of impregnating the victim. The court rejected this, noting that vasectomies are not foolproof, with medical evidence showing rare cases of conception post-procedure. “The sessions court rightly held that a vasectomy does not conclusively prove incapability of penetrative assault or impregnation,” Justice Sharma stated.

The court emphasized sufficient evidence, including the victim’s statements and circumstantial factors, indicating the family’s knowledge of the crime and their failure to report it. “The trial court’s order framing charges is free of legal infirmity or perversity,” the judgment read, ensuring the case proceeds to trial.

This ruling underscores the judiciary’s commitment to addressing grave offenses against minors, reinforcing accountability under the POCSO Act. The case, registered under stringent IPC and POCSO provisions, continues to draw attention for its serious allegations and the involvement of a public official.

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