NEW DELHI: In a major relief to former Haryana minister Gopal Goyal Kanda , the Delhi high court has held that charge of rape and unnatural sex against him in the air hostess suicide case can’t be sustained. HC made the observation while quashing the same charges against Kanda’s key aide and MDLR airlines employee Aruna Chaddha .

“The additional sessions judge fell into gross error in framing the charge under Sections 376/377 (rape and unnatural sex) against the co-accused (Kanda) which cannot be sustained. Since no charge against co-accused under these sections could have been framed, the petitioner (Chaddha) could not have been guilty of abetting these offences,” Justice G P Mittal said in a verdict which demolishes the police allegation that Kanda repeatedly raped the air hostess.

The verdict, which came on the plea of Chaddha, referred to her statement to police and held that except the disclosure statement, there was “not even a shred of evidence” to show that Kanda sexually exploited the victim and Chaddha abetted in the commission of these offences.

“Apart from the supplementary disclosure statement of the petitioner Chaddha there is nothing to indicate that Kanda had illicit relations with the victim or that she had multiple pregnancies... All the more, there is not even a shred of evidence to indicate that Kanda committed sexual intercourse with the deceased or had carnal intercourse against the order of nature with her or that the same was against her (the deceased) will or without her consent or that the petitioner facilitated in any act of rape or unnatural offence alleged to have been committed by Kanda,” the HC said while allowing Chaddha’s petition partly and setting aside the charges under Section 376/109 and Section 377/109 IPC.

HC held the offences, including abetment of suicide, was made out against both accused, but there was no prima facie evidence indicating that they were also involved in the commission of rape and unnatural sex.

Meanwhile, the bench also allowed another plea of Delhi Police seeking to expunge the adverse remarks made by the lower court against the probe agency and the public prosecutor for not probing the sexual exploitation angle in the case.