Bombay High Court grants bail to rape accused; says crime at crowded beach on Eid doubtful

The Bombay High Court recently granted bail to a man accused of rape after it expressed reservations over whether the crime could have occurred as alleged at a crowded beach in Mumbai on Eid and in broad daylight..Justice Prithviraj K Chavan also noted that the charge against the accused under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) was unlikely to stand since the victim was said to have been eighteen years and one month old at the time of the alleged rape..“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..The Court proceeded to allow the accused man's release on bail after noting that he had been in jail since June 2021. "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 applicant/ accused had been arrested for allegedly committing the offences under Sections 376(2)(n), (rape) 354 (outraging modesty of women), 354(D) (stalking), and 506 (criminal intimidation) of the Indian Penal Code, as well Section 12 (sexual assault) under the POCSO Act. .The accused had been working as a watchman at a building and was allegedly acquainted with the victim, who worked as a housemaid. Their friendship is said to have eventually become a love affair. However, the prosecution claimed that the accused later began stalking the victim. On May 14, 2021, the accused is alleged to have demanded sexual favours from her. Since the victim refused, he is said to have forcibly taken her to Juhu Chowpatty (a beach in Mumbai suburbs) and raped her.A complaint was filed and an FIR came to be registered. After the investigation commenced, the victim was medically examined. Her statement was recorded by the Metropolitan Magistrate in August 2021. A chargesheet also was filed..The accused then approached the High Court seeking bail. He submitted that the victim was an adult when the alleged incident took place and that, therefore, there was no question of invoking POCSO provisions. He further argued that the statement before the magistrate also revealed that they were friends..After considering the submissions, the Court allowed the bail plea. .Advocates Nazneen Khatri and Khatri Mohamed Adil appeared for the bail applicant/ accused. Additional public prosecutor Ashish Satpute appeared for the State.Advocate Subir U Sarkar appeared for the complainant..[Read order]