The accused in the horrific Ahmedabad’s Anandnagar rape case, security guard Dharmsinh Rathod, will remain in judicial custody after an Ahmedabad Rural Court on Wednesday rejected the police’s request for five days of further remand. Rathod was instead sent to Sabarmati Central Jail.
The court, however, allowed Anandnagar Police to add Section 308(5) of the Bharatiya Nyaya Sanhita (BNS) to the case. The newly added provision relates to robbery through extortion or intimidation and carries a possible punishment of up to 10 years in prison along with a fine.
The decision came as investigators sought more time to question Rathod and examine possible links to others who may have been connected to the crime.
Woman Attacked on Building Terrace
The incident took place on the night of August 8 in Ahmedabad’s Jodhpur area.
The 23-year-old woman, who is originally from Kutch and was staying at a paying guest (PG) accommodation, had gone to the terrace of the building for a walk at around 9 pm.
Rathod, who was employed as a security guard at the property, allegedly attacked her on the terrace.
When the woman resisted, the accused allegedly attacked her from behind with an electrical wire, strangled her and covered her mouth. He then allegedly sexually assaulted her.
Before leaving the scene, Rathod allegedly took the woman’s mobile phone and threatened to kill her if she told anyone about the incident.
Accused Arrested Within Hours
Anandnagar Police arrested Rathod within hours of the alleged crime.
The investigation, however, took another dramatic turn when police took the accused to Hebatpur for crime-scene reconstruction and recovery of evidence.
Police were carrying out a formal panchnama to recover the mobile phone allegedly stolen from the victim.
During the process, Rathod allegedly tried to grab the service revolver of a Police Inspector.
Shot Fired During Police Struggle
A struggle reportedly followed between Rathod and the police team.
During the scuffle, a shot was fired from the revolver. The bullet struck Rathod in the leg, while a police constable was also injured during the incident.
Both Rathod and the injured constable were taken to a nearby hospital for treatment.
The accused later appeared before the court while still recovering from the bullet injury. During Wednesday’s proceedings, he was seen sitting quietly and limping because of the injury.
Police Seek Five Days of Custody
Police asked the court to grant five days of custodial remand, arguing that further interrogation was important for the investigation.
Investigators wanted to determine whether Rathod had acted alone or whether the crime was part of a larger or pre-planned conspiracy.
Police also sought time to examine Rathod’s Call Detail Records (CDR) and Subscriber Detail Records (SDR).
The investigators said these records could help them trace people who may have been in contact with the accused and determine whether anyone else was involved.
Police also wanted to investigate the possibility of financial support from a third party after the crime.
Defence Opposes Further Police Custody
The defence opposed the police request for additional custody.
After hearing arguments from both sides, the magistrate decided that further police custody was not necessary at this stage.
The court therefore rejected the five-day remand application and ordered Rathod to be sent to judicial custody at Sabarmati Central Jail.
This means Rathod will remain in jail while the investigation and legal proceedings continue, rather than being kept in police custody for further interrogation.
Additional Charge Added to the Case
While the court rejected the remand request, it did allow police to add Section 308(5) of the BNS to the case.
The additional section relates to robbery through extortion or intimidation and can carry a punishment of up to 10 years’ imprisonment and a fine.
The addition of the provision follows the allegation that the accused took the victim’s mobile phone and threatened her after the assault.
Investigation Continues
The investigation is now expected to focus on establishing the complete sequence of events and determining whether Rathod acted alone.
Police are also examining available call and subscriber records and other evidence collected during the investigation.
The recovery of the victim’s mobile phone, the alleged attempt to seize a police officer’s weapon and the subsequent shooting during the evidence-recovery exercise have added further developments to an already serious case.
With the accused now in judicial custody, investigators will continue gathering evidence and establishing the facts surrounding the alleged assault, the theft of the mobile phone and the events that followed the arrest.
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