The pistillate serviceman claimed that the antheral serviceman – her superior successful the unit – had called her to his country nether the ruse of immoderate caller twelvemonth presents and assaulted her.
Jammu and Kashmir High Court Wednesday refused to quash an FIR against a elder Indian Air Force serviceman for the alleged rape of a pistillate colleague, alternatively asking the constabulary to implicit its probe and record its chargesheet.
The lawsuit pertains to an FIR from September, erstwhile a helping commandant of the Indian Air Force was accused of sexually assaulting a pistillate workfellow during a caller year’s enactment astatine the Srinagar Air Force Station, wherever they are some stationed, connected January 1. The pistillate serviceman claimed that the antheral serviceman – her superior successful the unit – had called her to his country nether the ruse of immoderate caller twelvemonth presents and assaulted her.
The accused serviceman was seeking a quashing of the FIR and bail successful the case.
In its order, the tribunal quashed 2 proceedings tribunal orders pertaining to the cardinal government’s petition to person the probe transferred to the Indian Air Force. In the archetypal order, passed connected October 10, the proceedings tribunal had allowed the petition but recalled this a week aboriginal claiming that the accused had “suppressed facts”.
Despite this, however, it allowed the cardinal authorities to record a caller petition requesting transportation of the probe, saying it could beryllium done aft the chargesheet is filed.
“The tribunal has dismissed the petition filed by the accused officer,” Aisha, an advocator who represented the pistillate Air Force serviceman successful the case, told The Indian Express. “The accused serviceman had sought quashing the FIR against him”.
In her ailment to the police, the pistillate serviceman alleged she was subjected to continuous harassment, intersexual battle and intelligence torture by the authorities astatine the Srinagar Air Force presumption and said she was forced to attack the constabulary upon uncovering that nary enactment had taken by the force.
After the FIR was registered successful September, a Special Investigation Team (SIT) was acceptable up to probe the pistillate officer’s allegations. Meanwhile, the cardinal authorities approached the proceedings tribunal connected invoking Section 124 of the Indian Air Force Act 1950 – a proviso that deals with tribunal martial proceedings. It yet challenged the recalling of October 10 proceedings tribunal bid successful the HC.
In its bid Wednesday, the HC, which tribunal clubbed the petitions together, said that the bail exertion of the accused serviceman volition beryllium heard separately.