Police have not recorded statement of Krishna Bahadur Mahara in the case of attempting to rape federal parliament secretariat staffer Roshni Shahi.
Mahara is currently at Norvic International Hospital after being admitted last Thursday with complaints of hypertension. The hospital said he is suffering from diabetes, stress and sleep problems after being taken into custody.
Chief of Kathmandu Police Uttam Subedi said the hospital has issued a letter to the police stating that he cannot give statement due to his health condition. "We could not record his statement even today. We communicate with the hospital through letters. The hospital has written a letter stating that Krishna Bahadur Mahara cannot give statement now due to his health condition," Subedi told Setopati. "We will record his statement once he recovers."
The Kathmandu District Court on Tuesday had granted judicial custody of Mahara for three days which expires on Friday. His judicial custody can again be extended on Sunday if his statement is not recorded and investigation not completed even by then. He can also deny to record his statement.
The law requires public prosecutors to decide whether to lodge the case or not within 25 days of arrest. The police will have to gather other evidence and submit that to the District Government Attorney's Office within 25 days if Mahara refuses to record statement.
A joint team of Metropolitan Police Range Kathmandu, Metropolitan Police Circle, New Baneshwore and Metropolitan Police Crime Division had arrested Mahara from the speaker's residence in Baluwatar on October 6 after the Kathmandu District Court issued arrest warrant earlier on the day.
Mahara was staying at the speaker's residence despite resigning from the post on October 1. A bench of Justice Brajesh Pyakurel earlier on October 6 gave permission to the police to arrest Mahara and investigate. The new Criminal Code 2017 requires court permission to arrest any individual.
Shahi had finally lodged attempt to murder complaint with the Metropolitan Police Circle, New Baneshwore against Mahara on October 4 claiming that Mahara attempted to rape her and assaulted her when she resisted.
The police had reached the court seeking arrest warrant on the basis of that complaint.
Mahara stands to be jailed for up to five years if he is found guilty of attempting to rape her. Raping a woman older than 18 years carries a jail term of seven to 10 years, according to the Criminal Code 2017. Attempt to rape carries half the sentence which means Mahara can be jailed from 3.50-5 years if he is found guilty.
Mahara was accused of rape and assault by Shahi on September 29. She claimed an inebriated Mahara reached her rented apartment in Tinkune with a bottle of whiskey when there was no one else in the apartment Sunday night and raped her.
Shahi had called the police within an hour of the alleged incident and a team from Metropolitan Police Circle, New Baneshwore had immediately reached her rented apartment in Tinkune and recorded details from her.
She spoke to the media the next day showing bruises on her face and legs she said were inflicted by Mahara. But the police slept on the case and waited for written complaint from Shahi.
She still had bruises on her face when she reached the police with her husband Chitra Jung Shahi to register the notice giving clean chit on October 2.
An emergency secretariat meeting of ruling CPN held at the prime minister's (PM) residence in Baluwatar on October 1 asked Mahara to resign from both speaker and lawmaker to facilitate investigation. But Mahara resigned only from the post of speaker and has yet to resign from that of lawmaker as per the secretariat decision.
