MUMBAI: Observing that “no sane man’’ would believe that on a crowded beach on a festival day an accused could have raped, Bombay high court granted bail to a man behind bars since June 2021. The HC noted that the victim’s statement recorded before a magistrate revealed that she and the accused were friends.
“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 daylight at a crowded Juhu Chowpatty on the day of Eid-Ul-Fitr, the applicant would commit forcible sexual intercourse with the victim,’’ said Justice Prithviraj Chavan in his bail order dated March 22.
Since the alleged victim was not a minor, there is no need to invoke Protection of Children from Sexual Offences (POCSO) Act against the man, the HC observed.
The medical reports revealed she was over 18 years old, said the HC in its order uploaded on Thursday.
The FIR was registered in May 2021 for alleged offences of rape, outraging modesty of woman, stalking, as well as offences under POCSO. Both were at the beach and the allegation was that he sought favours from her which she refused prompting him to “forcibly’’ take her “behind the stones” to commit the crime.
In the circumstances, the HC said it was granting him bail and set the PR bond at Rs 25000 and directed him to attend the police station every Saturday for two hours till charge is framed.
“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 daylight at a crowded Juhu Chowpatty on the day of Eid-Ul-Fitr, the applicant would commit forcible sexual intercourse with the victim,’’ said Justice Prithviraj Chavan in his bail order dated March 22.
Since the alleged victim was not a minor, there is no need to invoke Protection of Children from Sexual Offences (POCSO) Act against the man, the HC observed.
The medical reports revealed she was over 18 years old, said the HC in its order uploaded on Thursday.
The FIR was registered in May 2021 for alleged offences of rape, outraging modesty of woman, stalking, as well as offences under POCSO. Both were at the beach and the allegation was that he sought favours from her which she refused prompting him to “forcibly’’ take her “behind the stones” to commit the crime.
In the circumstances, the HC said it was granting him bail and set the PR bond at Rs 25000 and directed him to attend the police station every Saturday for two hours till charge is framed.
