The accused, Flight Lieutenant Amitesh Harmukh (29), produced in the court/ Image from The Hindu
Coimbatore rape case to be handed over to the IAF against survivor's wishes
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The Indian Air Force's appeal to hand over the accused in the alleged rape of a woman IAF officer to the IAF is upheld by the Judicial Magistrate Court in Coimbatore.
The survivor had demanded a police investigation and alleged that Air Force officials intimidated her. The alleged assault took place at the Air force College and officials harassed her to dissuade her from making a formal complaint, reported The News Minute.
The survivor had initially withdrawn her complaint because she was met with callous attitudes, intimidation, and harassment after reporting the incident to college authorities.
Flight Lieutenant Amitesh Harmukh is accused of sexually assaulting a fellow officer. He was arrested on September 25 under Section 376 (punishment for rape) of the Indian Penal Code.
Amitesh, in his affidavit, stated that the case should be before a military court-martial — an internal investigation and trial system in the armed forces. He cited section 72 of the Indian Air Force Act, 1950, and said that the police had "no authority to arrest him or produce him before Judicial Magisterial Court.
Accused Amitesh's advocate and former special public prosecutor for the CBI, N. Sundaravadivelu said that his custody will be given to Indian Air Force authorities. He added that IAF will conduct the court-martial.
The accused's counsel stated that the IAF is entitled to have custody of the accused because the alleged crime is supposed to have taken place inside the premises which are under the control of the Indian Air Force. "IAF is entitled to a court inquiry, court-martial, and investigation."