The Bombay High Court recently granted bail to an individual accused of sexually assaulting a minor at the bustling Juhu Chowpatty. The court, led by Justice Prithviraj Chavan, delved into the peculiarities of the case, especially the claim of sexual assault occurring in broad daylight during the crowded festivities of Id-Ul-Fitra at Juhu Beach.
The Bombay High Court recently granted bail to an individual accused of sexually assaulting a minor at the bustling Juhu Chowpatty. This decision came after a radiological examination revealed that the alleged victim was, in fact, over 19 years old, thus challenging the initial premise of the case.
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The court, led by Justice Prithviraj Chavan, delved into the peculiarities of the case, especially the claim of sexual assault occurring in broad daylight during the crowded festivities of Id-Ul-Fitra at Juhu Beach. The judge expressed skepticism about the plausibility of such an act under these circumstances, stating,
“Prima facie, it does not appeal to one’s mind that in broad daylight 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 terms of the bail were carefully stipulated, requiring the accused to post a personal recognizance bond of Rs. 25,000 along with one or two sureties. Moreover, the accused is mandated to report to the police station every Saturday until the charges are framed, ensuring his continued cooperation with the legal process. Additionally, there are strict orders against tampering with evidence or influencing any parties involved in the case.
The prosecution’s account initially painted a grim picture, alleging that the accused had forcibly engaged in sexual activities with an 18-year-old girl in May 2021. However, the narrative began to unravel when an X-ray report from HBT Medical College and Dr. RN Cooper Municipal General Hospital indicated that the victim’s age was radiologically determined to be more than 19 but less than 20 years. This crucial piece of evidence led to the exclusion of the Protection of Children from Sexual Offences (POCSO) Act from the case, significantly altering its trajectory.
Further examination of the victim’s statement, recorded under Section 164 of the Code of Criminal Procedure, revealed a pre-existing relationship between her and the accused. This revelation, coupled with the circumstances described, raised questions about the allegations of forcible sexual intercourse, prompting the court to reconsider the charges and the conditions of bail.
The accused had been arrested by the Bangur Nagar Police Station under severe charges, including repeated rape of the same woman, outraging modesty, stalking, criminal intimidation, and sexual harassment of a minor under various sections of the Indian Penal Code and the POCSO Act. The Bombay High Court’s decision to grant bail in this complex case underscores the importance of thorough investigation and consideration of all evidentiary aspects before drawing conclusions, especially in cases with significant social and legal implications. This judgment not only highlights the challenges of adjudicating cases of alleged sexual assault but also emphasizes the judiciary’s role in scrutinizing the evidence to ensure justice is served accurately and fairly.
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