The court affirmed that custody of accused military personnel remains with Court Martial until a charge sheet is filed, emphasizing adherence to statutory protocols in handling sexual offences.

JUDGMENT

(Prayer: This Criminal Original Petition has been filed under Section 482of Cr.P.C., to set aside the order dated 23.10.2021 passed by I AdditionalDistrict & Sessions Court, Coimbatore in Criminal Revision Petition No.22 of2021 partly allowed with modification order passed by CMP.No.20197 of2021 on the file of the Judicial Magistrate, Additional Mahila Court, Coimbatore.)

1. This Criminal Original Petition has been filed to set aside theorder dated 23.10.2021 passed by I Additional District & Sessions Court,Coimbatore in Criminal Revision Petition No.22 of 2021 which has beenpartly allowed by modifying the order passed by the learned JudicialMagistrate, Additional Mahila Court, Coimbatore, dated 30.09.2021 made inC.M.P.No.20197 of 2021.

2. Heard the learned Government Advocate (Crl.Side) for the petitionerand the learned counsel for the respondent and perused the materials availableon record.

3. This Criminal Original Petition has been filed by the State representedby the Inspector of Police, All Women Police Station Central, CoimbatoreCity. The petitioner has registered a case against one AmiteshHarmukh inCrime No.9 of 2021 of All Women Police Station Central, Coimbatore Cityfor the offence under Section 376(1) IPC.

4. The defacto complainant and the accused are the flight lieutenants inIndian Air Force and they were undergoing a Professional Knowledge Coursefor seven weeks at the Air Force Administrative College (hereinafter referredas AFAC), Coimbatore from 16.08.2021. On 09.09.2021, after an eveningparty at the Officers Mess in AFAC with the course officers, the defactocomplainant fell asleep at Room No.303 in P-43 Block, Officers Mess on thenight intervening 09.09.2021 and 10.09.2021. The room was locked fromoutside by her friend. The accused trespassed into her room around 00.30hours on 10.09.2021 and committed an offence of rape on her. The defactocomplainant was unconscious and she was not in a state to offer resistance.After the occurrence, the accused slept next to the victim in the same bed. Thevictim''s room mate came to the room at around 01.30 a.m. on the same nightwithout knowing the presence of the accused. At about 03.06 hours the friendof the de-facto complainant received a call from her course-mate and askedwhere the accused was. When she woke up to attend the call, she realized thatthe accused was sleeping next to her. Even during that time, the victim wasnot conscious enough to converse well or to give proper answers to her friend.

4.1. On 10.09.2021, the accused sent a Whatsapp message to the defactocomplainant''s friend and on getting her permission, he came to their room andconfessed about the offence to the defacto complainant''s friend and an anotherperson. Defacto complainant''s friend recorded the confession given by theaccused. On 11.09.2021, the defacto complainant preferred a writtencomplaint against the accused to the Air Force Administrative CollegeAuthorities (in short AFAC). As per the advice of the officers, the victim hadundergone medical examination at the Air Force Hospital on 11.09.2021 ataround 19.00 hours. However, she suffered humiliation at the hands of thedoctors therein.

4.2. A prima facie fact finding Court of Inquiry was formed to inquireinto the matter. Due to the pressure given to the de-facto complainant, she wasforced to withdraw the complaint twice. The biological specimen collectedfrom the victim during the medical examination and the semen stained bedsheet taken from the place of occurrence were kept in the Air Force Hospital and they were not sent for forensic examination till 23.09.2021. The accusedwas roaming freely in the AFAC premises and he was even allowed to sitalong with the victim in the classes. Having not satisfied with the way thecomplaint was handled by the AFAC authorities, the victim preferred a policecomplaint on 20.09.2021 and consequently a case in Crime No.09 of 2021 wasregistered under Section 376(1) IPC.

4.3. The petitioner started i