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Synopsis

While observing that the accused appeared to be oblivious to his actions due to a mental condition, the Delhi High Court recently nullified a case involving allegations of sexual assault.

The bench of Justice Tushar Rao Gedela quashed the First Information Report (FIR) after considering a report compiled by a medical board from the All India Institute of Medical Science (AIIMS).

During the proceedings, court also engaged with the victim's father, who expressed no objection to the quashing of the case.

Court said, "Though the status report filed on record by the State discloses that the CCTV footage has captured the petitioner along with the victim, however, in view of the medical records placed on file, it appears that the petitioner was unaware of his actions."

The accused had been charged by the Delhi Police in November 2021 under Section 354D (stalking) of the Indian Penal Code and Section 12 (sexual harassment) of the Protection of Children from Sexual Offences Act (POCSO) based on a statement provided by a Class VI student.

The minor victim had alleged that the accused had engaged in inappropriate physical contact and followed her.

The counsel representing the accused sought the quashing of the FIR on the grounds that the accused was diagnosed with bipolar disorder, and on the date of the incident, he had no control over his actions.

In its report, the medical board at AIIMS determined that the accused was suffering from psychosis NOS (Not Otherwise Specified) with borderline intellectual ability. The report further emphasized that he required regular medical care and supervision.

Court, while granting interim bail to the accused in April, had directed AIIMS doctors to conduct an examination.

In light of the medical report and the lack of objection from the victim's father, the court decided to quash the FIR. Court remarked, "Though the medical report does not give any further details, however, the said opinion, coupled with the no objection given by the father of the victim, propels this Court to quash the aforesaid FIR and the proceedings emanating therefrom."

Case Title: Amanpreet Singh Bedi v. Govt of NCT of Delhi & Anr.