Delhi court frames charges against accused of abducting, raping woman suffering from bipolar disorder

A Delhi District Court has framed charges against an accused of abducting and raping a woman suffering from a bipolar mental disorder.

The 37-year-old victim was abducted to Uttarakhand on the pretext of relieving her body from the evil spirit of a dog and that she will get married to a good boy.

She was allured on the pretext of taking her to Vaishno Devi instead she was taken to Uttarakhand. There she was allegedly raped by the accused after administering an intoxicated cold drink in a hotel.

The alleged crime was committed in July 2021 and the FIR was registered by the Delhi police.

Additional Sessions Judge Sushil Anuj Tyagi of Dwarka District Court framed charges against Prabhakar Sharma under sections 366 (abduction), 328/376 (rape after administering an intoxicating substance) and 506 (threatening the victim to kill her and her family) of the Indian Penal Code (IPC).

"On July 21, 2021, the accused abducted the victim with the intention that she may be compelled to marry against her will or in order that she may be forced or seduced to illicit intercourse, thus committed an offence punishable under Section 366 IPC," the court order reads.

It is alleged that the accused on July 21, 2021, at a hotel in Nainital established physical relations with the victim, who is suffering from a bipolar mental disorder, without her consent on the misconception of facts.

Again on July 22, 2021, at a Hotel at Ramnagar in Nainital, the accused administered the victim stupefying, intoxicated or unwholesome or sedative drink for committed repeated rape upon the victim suffering from a mental disorder, which is punishable under Section 328/376(2)(I) and (n) of IPC.

It is also alleged that the accused between July 21 to July 23, 2021, threatened the victim to kill her and her family if she files a complaint to the police.

The court while framing the charges noted, "There are clear allegations against the accused that by alluring the victim, who is suffering from bipolar mental disorder and on the pretext of taking her to Vaishno Devi, instead he took her to Nainital and then to Ram Nagar and raped her."

The Court also took note of the opinion of the medical board of the Institute of Human Behaviour and Allied Sciences (IHBAS) that the victim was diagnosed with bipolar affective disorder, showing significant improvement with treatment.

In her statement under Section 164 Code of Criminal Procedure (CrPC) recorded before the magistrate had clearly stated the manner in which the accused had allured her, for relieving her body from the evil spirit of a dog and that he will get her married to a good boy and of putting vermilion on her head and making her believe that he is her husband and also of having a sexual relationship with her after making her intoxicated by giving her frooti, the court order reads.

The accused was granted bail by the lower court on September 7, 2021. His bail was cancelled by the Delhi High Court after noting that the victim is suffering from a bipolar mental disorder.

The family had moved a petition for cancellation of bail through advocate Tarun Narang.

( With inputs from ANI )