Delhi High Court: In a case wherein, the petition was filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) to quash the FIR dated 30-11-2021 under Sections 354-D of the Penal Code, 1860 (‘IPC’) and Section 12 of the Prevention of Children from Sexual Offences Act, 2012 (‘POCSO’), Tushar Rao Gedela, J., opined that the medical records and the medical board constituted by AIIMS comprising of four senior doctors had generated a report, which also stated that the petitioner was suffering from Psychosis N.O.S. (Not Otherwise Specified) with Borderline Intellectual Ability. Thus, considering the medical opinion coupled with no objection given by the victim’s father, the Court quashed the registered FIR.
On 30-11-2021, the FIR was registered under Section 354-D of the IPC and Section 12 of the POCSO, wherein the victim stated her address and mentioned that she studied in sixth class. The victim stated that on 29-11-2021, at around 6.30 pm, she was playing in the street of his home along with her friend, then the petitioner stood up in the middle, pushed her back and touched her breast inappropriately. However, she managed to escape. Thereafter, she came home and told everything to her father. The victim’s father caught the petitioner, but he managed to escape. Thereafter, a police control room call was made, and the victim filed a complaint and accordingly, the FIR was registered.
During the course of investigation, the counselling of the victim was done by Delhi Commission for Women counsellor and statement under section 164 of the CrPC was recorded by the Court in which she corroborated her statement of FIR.
The petitioner submitted that he was a patient of bipolar disorder and also, filed the medical documents to show that on the date of the incident, he had no control over his actions. The petitioner also submitted that vide order dated 12-04-2023, a medical board was constituted by the All India Institute of Medical Sciences, Delhi for the petitioner’s medical examination and, as per the report, the petitioner was suffering from Psychosis N.O.S. (Not Otherwise Specified) with Borderline Intellectual ability. The victim’s father also stated that he was aware of the situation and had no objection, in case the present FIR was quashed.
The Court, independent of the statement of the victim’s father examined the medical records issued by Dr. Ram Manohar Lohia hospital, Delhi and opined that though the status report filed on record by the State disclosed that the CCTV footage had captured the petitioner along with the victim, but in view of the medical records placed on the file, it appeared that the petitioner was unaware of his actions.
The Court further opined that apart from the medical records, the medical board constituted by AIIMS comprising of four senior doctors from Department of Psychiatry, had generated a report dated 25-05-2023, which also stated that the petitioner was suffering from Psychosis N.O.S. (Not Otherwise Specified) with Borderline Intellectual Ability. The Court observed that the medical board had opined that the petitioner required regular medical care, supervision and the support of the family members for his compliance to the medical treatment. Though the medical report did not give any further details, the Court after considering the medical opinion coupled with no objection given by the victim’s father quashed the registered FIR dated 30-11-2021.
[Amanpreet Singh Bedi v. State (NCT of Delhi), 2023 SCC OnLine Del 6752, Order dated 19-10-2023]
Advocates who appeared in this case :
For the Petitioner: Sarbijit Sharma, Rudrakshi Gautam, Yashi Chaturvedi, Advocates;
For the Respondent: Shoaib Haider, APP for State with SI Shalini, PS Welcome, Sharad Pandey, Advocates
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