The city police have filed a revision petition in the Principal District Court after seeking custody of the rape accused IAF Flight Lieutenant.
The City police have filed the revision petition to regain the custody of Amitesh and also seeking to revoke the Mahila Court order in the Principal District Court here on Thursday, police said on Friday.
Stating that the woman officer had levelled serious charges against IAF authorities, including conducting the banned two-finger test on her and also withdrawing the complaint, the petition said that Amitesh should be in their custody until the charge sheet was filed against him, as the case was not transferred yet.
However, Air Chief Marshal V R Chaudhary had on October 5 denied that any such test was performed on the victim.
Flight Lieutenant Amitesh Harmukh was arrested on September 25 on charges of raping a woman colleague on September 10. The Additional Mahila Court had on September 30 ordered police to hand over the accused to IAF to carry out a court-martial under IAF Act, The All Woman police had taken the action, based on the complaint by the woman officer, who alleged that IAF authorities had failed to act on her complaints and as a last resort she approached the Commissioner of Police, who directed the station to register an FIR, following which Amitesh was arrested and was in police custody.
Citing the IAF Act, Air Force authorities had sought the custody of Amitesh to conduct court-martial and said police had no n jurisdiction on the defense issue. Additional Mahila Court Judge (In-charge) Thilageswari then ordered that he be handed over the officer to IAF.
Since the IAF has so far not appointed an official to conduct court-martial, the case can be transferred only after the completion of the investigation and ready for trial, as per section 124 of Air Force Act 1950 (choice between criminal court and court-martial), police said.
Based on this, police sought to revoke the Mahila court’s order and return the accused to their custody.
(With PTI inputs)