In a significant turn of events, the Bombay High Court has granted bail to the accused in a high-profile rape case dating back to 2021, which had initially stirred considerable public uproar.
The case revolves around allegations against a security guard accused of raping a young woman on the bustling shores of Juhu Chowpatty on the day of Eid-ul-Fitr three years ago. The case had been registered under the stringent POCSO Act and relevant sections of rape.
During the court proceedings, a medical examination report was presented to ascertain the victim’s age, revealing that she was not a minor at the time of the incident. It also emerged that there had been prior acquaintance between the accused and the victim. The prosecution faced critical questions from the court regarding the plausibility of a rape occurring in broad daylight at a crowded place like Juhu Chowpatty.
The case took a pivotal turn following the court’s analysis of radiological reports and the victim’s statements.
Justice Prithviraj K. Chavan, on March 22, decided to grant bail to the accused security guard, highlighting that the victim and the accused were friends, as evidenced by statements recorded under Section 164 of CrPC.
The court found no necessity to apply the POCSO Act, as the victim was medically determined to be over 18 years old at the time of the incident. Justice Chavan expressed skepticism about the credibility of the allegations, finding it beyond belief that such an act could occur during daylight on a crowded beach on Eid-ul-Fitr. Court said:
“Since the victim was major at the time of alleged offence, prima facie, it does not appeal to ones 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 accused, who worked as a security guard in a building, had been in custody since June 25, 2021, following the victim’s allegations that he had taken her to Juhu Chowpatty on May 14, 2021, where he allegedly molested her and threatened severe consequences if she resisted.
According to the complaint, he then took her behind a rock and raped her, despite the presence of people around. The case had been registered under various sections of the IPC and the POCSO Act by the Bangur Nagar Police.
After nearly three years of legal proceedings, the High Court granted bail to the accused on March 22, on a personal bond of Rs. 25,000 with specific conditions, including mandatory appearances at the police station and court hearings.
The court also cautioned that bail could be revoked if there was any tampering with evidence or influencing of witnesses.
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In a significant turn of events, the Bombay High Court has granted bail to the accused in a high-profile rape case dating back to 2021, which had initially stirred considerable public uproar.
The case revolves around allegations against a security guard accused of raping a young woman on the bustling shores of Juhu Chowpatty on the day of Eid-ul-Fitr three years ago. The case had been registered under the stringent POCSO Act and relevant sections of rape.
During the court proceedings, a medical examination report was presented to ascertain the victim’s age, revealing that she was not a minor at the time of the incident. It also emerged that there had been prior acquaintance between the accused and the victim. The prosecution faced critical questions from the court regarding the plausibility of a rape occurring in broad daylight at a crowded place like Juhu Chowpatty.
The case took a pivotal turn following the court’s analysis of radiological reports and the victim’s statements.
Justice Prithviraj K. Chavan, on March 22, decided to grant bail to the accused security guard, highlighting that the victim and the accused were friends, as evidenced by statements recorded under Section 164 of CrPC.
The court found no necessity to apply the POCSO Act, as the victim was medically determined to be over 18 years old at the time of the incident. Justice Chavan expressed skepticism about the credibility of the allegations, finding it beyond belief that such an act could occur during daylight on a crowded beach on Eid-ul-Fitr. Court said:
“Since the victim was major at the time of alleged offence, prima facie, it does not appeal to ones 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 accused, who worked as a security guard in a building, had been in custody since June 25, 2021, following the victim’s allegations that he had taken her to Juhu Chowpatty on May 14, 2021, where he allegedly molested her and threatened severe consequences if she resisted.
According to the complaint, he then took her behind a rock and raped her, despite the presence of people around. The case had been registered under various sections of the IPC and the POCSO Act by the Bangur Nagar Police.
After nearly three years of legal proceedings, the High Court granted bail to the accused on March 22, on a personal bond of Rs. 25,000 with specific conditions, including mandatory appearances at the police station and court hearings.
The court also cautioned that bail could be revoked if there was any tampering with evidence or influencing of witnesses.
To get free legal advice: click here
For more legal updates visit our Youtube channel: click here
