The man had been in prison since June 2021.
Mumbai:
The Bombay High Court has granted bail to a man arrested for allegedly sexually assaulting a woman on a busy beach in Mumbai in 2021. The survivor and suspect were friends and the charges against him seem unlikely.
Justice Prithiviraj Chavan, in an order delivered on Wednesday, pointed out that the survivor’s statement recorded before the court showed that she was friends with the accused and also noted that the charge sheet has not yet been filed in the three-year-old case by the court. court.
“Since the victim was a Major at the time of the alleged crime, it does not prima facie occur to us that the applicant would be forced in broad daylight on a busy Juhu Chowpatty (beach) on the day of Eid-Ul-Fitr committing sexual intercourse with the victim,” the HC noted.
No reasonable person would believe it, the judge added.
The High Court also said that since the survivor was an adult at the time of the alleged incident, there was no need to invoke the Protection of Children from Sexual Offenses (POCSO) against the accused.
The accused was charged under relevant provisions of the Indian Penal Code for rape, outraging the modesty of a woman and stalking, among others, and under sections of the POCSO Act.
The alleged incident took place on May 14, 2021, when the survivor had gone to Juhu Chowpatty in suburban Mumbai with the suspect.
He sought sexual favors, but the survivor refused. The suspect then threatened her with dire consequences and sexually assaulted her in a secluded spot near the tourist attraction, the prosecutor alleged.
The court noted in the order that there was no need to invoke the POCSO Act against the accused as the age of the survivor, as per medical reports, was more than 18 years.
The applicant has been in prison since his arrest in June 2021. The court has not yet filed charges and therefore the trial is not likely to be brought to a logical conclusion (soon), the Supreme Court noted.
“Considering all the above-mentioned special circumstances, the application (for bail) is allowed,” the judge said.
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