'No Sane Man Would Believe It': Bombay HC Grants Bail To Accused Who Allegedly Raped Victim In Broad Daylight At Crowded Juhu Chowpatty

Justice Prithviraj K. Chavan stated, "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 daylight at a crowded Juhu Chowpatty on the day of Id-Ul-Fitra, the applicant would commit forcible sexual intercourse with the victim. No sane man would believe it."

The prosecution had alleged that the accused, who was working as a watchman, had developed a friendship with the victim, who was employed as a housemaid. On May 14, 2021, it was alleged that he had taken the victim to Juhu Chowpatty and sexually assaulted her behind some stones, despite her refusal and threatened her with dire consequences.

Accordingly, the Bangur Nagar Police booked him under Sections 376(2)(n), 354, 354(D), 506 of the Indian Penal Code and under Section 12 of the Protection of Children from Sexual Offences Act, 2012.

Justice Chavan noted that an X-ray report submitted by the prosecution revealed that the victim's radiological age was between 19 and 20 years, ruling out the applicability of the Protection of Children from Sexual Offences (POCSO) Act.

The court further observed that the victim's statement under Section 164 of the Criminal Procedure Code indicated that she and the man were friends, adding, "The applicant 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 of bringing the trial to its logical end."

In granting bail, the court imposed several conditions, including a personal bond of Rs. 25,000 with one or two sureties, regular attendance at the police station and court proceedings, and a prohibition on tampering with evidence or influencing witnesses.

Case Title - Baharul Islam Mujibur Rehman Laskar Versus The State of Maharashtra and Anr

Appearance - Adv Nazneen Khatri a/w Khatri Mohamed Adil, for the Applicant.

Adv Ashish Satpute, APP, for Respondent No.1-State.

Adv Subir U. Sarkar for Respondent No.2.