“It does not appeal to one’s mind that in a broad day light at a crowded Juhu Chowpatty on the day Id-Ul-Fitra, the (accused) would commit forcible sexual intercourse. No sane man would believe it,” the Court said.
Recently, the Bombay High Court approved bail for a man accused of rape, casting doubts on the alleged occurrence of the crime at a bustling beach in Mumbai during Eid and in broad daylight. Justice Prithviraj K Chavan further observed that the charge against the accused under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) was improbable, given that the purported victim was reported to be eighteen years and one month old at the time of the incident.
“Since the victim was major at the time of alleged offence, prima facie, it does not appeal to one’s mind that in a broad day light at a crowded Juhu Chowpatty on the day Id-Ul-Fitra, the applicant would commit forcible sexual intercourse with the victim. No sane man would believe it,“ the Court observed in its March 22 order.
Following the observation that the accused had been incarcerated since June 2021, the Court decided to grant him bail.
“The applicant (accused) is behind the bars ever since his arrest on 25th June, 2021. It is informed that the trial Court has not yet framed a charge and, therefore, there is no likelihood bringing the trial to its logical end. Having considered all the aforesaid peculiar circumstances, the application is allowed,” the Court said.
The individual in question, the applicant/accused, faced charges under various sections of the Indian Penal Code, including Sections 376(2)(n) (rape), 354 (outraging modesty of women), 354(D) (stalking), and 506 (criminal intimidation), alongside Section 12 (sexual assault) of the POCSO Act.
Employed as a watchman in a building, the accused was purportedly familiar with the victim, who worked as a housemaid. Their association reportedly evolved into a romantic relationship over time.
However, according to the prosecution, the accused’s conduct later turned into stalking. Allegedly, on May 14, 2021, he coerced the victim into providing sexual favors. When she declined, he purportedly forcibly took her to Juhu Chowpatty, a beach in the Mumbai suburbs, where the rape allegedly occurred.
Following the filing of a complaint and subsequent investigation, which included the victim’s medical examination and statement recorded by the Metropolitan Magistrate in August 2021, a chargesheet was filed, leading to the accused’s petition for bail in the High Court.
In his defense, the accused argued that the victim was of legal age during the incident, rendering the invocation of POCSO provisions inappropriate. He also highlighted that their relationship was characterized as a friendship, as evidenced by the statement made before the magistrate.
After careful consideration of the arguments presented, the Court granted bail to the accused.