The Bombay High Court has granted bail to a man arrested for allegedly sexually assaulting a woman at a crowded beach in Mumbai in 2021, noting the survivor and the accused were friends and the charges against him appear implausible.
Judge Prithiviraj Chavan, in an order passed on Wednesday, pointed out that the survivor's statement recorded before a magistrate's court revealed she was friends with the accused, and also noted that charges in the three-year-old case have not yet been framed by the trial court.
"Since the victim was a major at the time of the alleged offence, prima facie, it does not appeal to one's mind that in broad daylight at a crowded Juhu Chowpatty (beach) on the day of Eid-Ul-Fitr, the applicant would commit forcible sexual intercourse with the victim," the HC observed.
No sane man 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 Offences (POCSO) Act against the accused.
The accused was booked under relevant provisions of the Indian Penal Code for rape, outraging the modesty of a woman and stalking, among others, as well as 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 accused.
He sought sexual favours which the survivor refused. However, the accused then threatened her with dire consequences and sexually assaulted her at an isolated place at the tourist site, the prosecution submitted.
The court, in the order, noted there was no need to invoke the POCSO Act against the accused as the survivor's age, as per medical reports, was more than 18 years.
The applicant has been in jail ever since his arrest in June 2021. The trial court has not yet framed charges and, therefore, there is no likelihood of bringing the trial to its logical end (anytime soon), the high court noted.
"Having considered all the aforesaid peculiar circumstances, the application (for bail) is allowed", the judge said.
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