The Delhi High Court recently granted bail to a man, who has been accused of raping a two-and-a-half-year-old girl, citing the delay in filing the FIR by eight hours, reports Live Law. 

Justice Suresh Kumar said, as quoted by Live Law, that the “prosecutrix being 2 ½ years old, due to which her statement was not recorded, however, without commenting on the merits of the prosecution case and keeping in view the fact that there is a delay of 8 hours in registration of FIR, I am of the view that the petitioner deserves bail.”

Also Read | Rape victims’ testimony not enough for criminal liability: Bombay HC judge

The Delhi High Court questioned why the FIR was not registered “immediately” if such a heinous crime happened with the victim.

The complainant in his FIR, filed at South Delhi district police, has stated that he saw the accused, Shiv Chander, in an inebriated condition, and had heard him forcing the minor girl to perform oral sex. The complainant has also said that he saw the pant of the accused unzipped when he was with the victim, reports Times Now. 

Chander was booked under Sections 376AB of IPC and Section 6 of the POCSO Act for allegedly insisting the minor girl perform oral sex while the zip of his pant was open. 

Also Read | Holding hands of minor, unzipped pants not sexual assault under POSCO: Bombay High Court

Opposing the bail, the Delhi Police said the neighbours saw Chander, who was allegedly in an intoxicated state. The neighbours beat the accused and handed him over to the police. 

The Delhi High Court observed, “There is a delay of 8 hours in registration of FIR and there was no sign of beating and intoxication in MLC of the petitioner because if the neighbors had beaten the petitioner and he was in a state of intoxication then the said fact should have come in the MLC, but the said MLC does not show any sign of bruises or abrasion, indicating that there was no public beating which was alleged in the FIR.”