A man accused of sexually assaulting a woman at a crowded beach in Mumbai has been granted bail by the Bombay High Court. The court’s decision stemmed from observations that the charges against the accused seemed implausible, especially considering the relationship between the survivor and the accused, who were reportedly friends. The incident in question allegedly occurred in broad daylight at a bustling beach, adding layers of complexity to the case.
Judge Prithiviraj Chavan, in an order issued recently, highlighted that the survivor’s statement, recorded before a magistrate’s court, indicated a prior friendship with the accused. Moreover, the court noted that despite the three-year-old case, the trial court had not yet framed charges against the accused.
The High Court’s observations shed doubt on the feasibility of the allegations, particularly the claim of forcible sexual intercourse at a crowded public space like Juhu Chowpatty beach during Eid-Ul-Fitr. The court expressed skepticism, noting that “no sane man would believe it.”
Furthermore, the High Court emphasized that since the survivor was an adult at the time of the alleged incident, there was no legal basis to invoke the Protection of Children from Sexual Offences (POCSO) Act against the accused.
The accused faced charges under relevant sections of the Indian Penal Code related to rape, outraging the modesty of a woman, and stalking, among others, as well as sections of the POCSO Act. However, the court’s scrutiny led to the conclusion that the POCSO Act did not apply in this case.
The alleged incident occurred on May 14, 2021, at Juhu Chowpatty beach, where the survivor had accompanied the accused. It was reported that the accused demanded sexual favors, which the survivor refused. Subsequently, the accused allegedly threatened and sexually assaulted her at an isolated spot at the tourist destination.
The High Court’s decision to grant bail took into account the prolonged detention of the accused since June 2021 and the absence of charges being framed by the trial court. The court concluded that given these circumstances, bail was warranted.
Sources By Agencies
