Bail for man accused of raping ‘minor girl in broad daylight at Juhu beach’

MUMBAI: The Bombay High Court granted bail to an accused in a case of alleged sexual assault on a minor in broad daylight at a crowded Juhu Chowpatty after a radiological examination confirmed that the age of the victim, crucial to the case, was determined to be over 19 years old.

While granting bail, the judge also questioned the circumstances of the alleged rape, noting that “no sane man would believe” that a rape could take place in broad daylight at the crowded Juhu beach.

“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 court observed.

While a bench of Justice Prithviraj Chavan decided to grant bail to the accused.

The terms of the bail encompassed a personal recognizance bond of ₹25,000 along with one or two sureties.

Also, he must present himself at the police station every Saturday until the framing of charges, followed by strict compliance with court proceedings.

The accused is also expressly prohibited from tampering with evidence or exerting influence on any involved individuals.

According to the prosecution’s narrative, he purportedly engaged in a forcible sexual act with an 18-year-old girl at Juhu Chowpatty in May 2021.

However, during the legal proceedings, an X-ray report presented by the assistant professor from HBT Medical College and Dr RN Cooper Municipal General revealed that radiologically, the age of the victim is more than 19 years but less than 20 years. Consequently, the court ruled out the applicability of POCSO in this instance.

Further scrutiny of the case revealed complexities.

The victim’s statement, recorded under Section 164 of the Code of Criminal Procedure, portrayed a relationship between her and the accused, raising doubts about the veracity of the allegations of forcible sexual intercourse, especially considering the circumstances under which the incident purportedly occurred.

The accused was arrested by the Bangur Nagar Police Station under sections 376(2)(n) (repeated rape of the same woman), 354 (outraging the modesty), 354(D) (stalking), 506 (criminal intimidation) of the Indian Penal Code, and Section 12 (sexual harassment of minor) of the Protection of Children from Sexual Offences Act, 2012.