Bail to four arrested for gangraping minor who later died by suicide

The Bombay high court on Thursday granted bail to four individuals arrested for allegedly gangraping a minor girl from Kalyan, who later died by suicide, primarily on account of inconsistencies in evidence. The incident came to light after the death of the minor girl on June 12, 2022

MUMBAI: The Bombay high court on Thursday granted bail to four individuals arrested for allegedly gangraping a minor girl from Kalyan, who later died by suicide, primarily on account of inconsistencies in evidence.

Bail to four arrested for gangraping minor who later died by suicide

The incident came to light after the death of the minor girl on June 12, 2022. Three days later, on June 15, 2022, based on a statement of her father and evidence found on her mobile phone, an FIR was registered, alleging that the accused had subjected her to sexual assault and gang rape over a four-year period. Subsequent investigation resulted in the arrest of multiple individuals and the submission of a charge sheet against them.

The accused Vijay Rajendraprasad Yadav, Pramay Jayesh Tiwari, Shivam Kamlesh Pandey, and Nikhil Sanjay Mishra had been in custody since their arrest on June 15, 2022, for offences under multiple sections of the Indian Penal Code (IPC), the Protection of Children from Sexual Offences Act, 2012 (POCSO), and the Information Technology Act, 2000.

Senior Counsel AS Khandeparkar argued that discrepancies in the case indicate wrongful implication of the accused. He contended that the victim ended her life after learning of accused Vijay Rajendraprasad Yadav’s impending marriage, and despite allegations of harassment, only an ADR under Section 174 (unnatural death investigation procedure) of the CrPC was initially registered.

Khandeparkar suggested possible tampering with the victim’s phone, as it changed hands and was linked to her uncle, a phone dealer. Further, inconsistencies in the FIR and recovery of the phone, along with the absence of genital injuries in the postmortem report, weakened the case.

Additional public prosecutor Sagar R. Agarkar opposed the bail applications, emphasising the seriousness of the offenses involving a minor. The prosecution argued that witness statements and forensic evidence, including obscene material found on the accused’s mobile phones, substantiated the allegations.

After evaluating the evidence, the court, presided over by justice Manish Pitale, noted significant doubts concerning the prosecution’s case, particularly regarding the mobile phone evidence, which formed the foundation of the charges. It observed inconsistencies in the sequence of events related to the FIR registration and mobile phone seizure, raising questions about credibility of the evidence. Moreover, the lack of a direct link between the alleged harassment and the victim’s suicide was noted.

Given the applicants’ prolonged incarceration without the commencement of the trial and the doubts surrounding the prosecution’s evidence, the court found a prima facie case for granting bail. The bail was granted with specific conditions, including bond requirements, restrictions on movement, and the surrender of passports, while clarifying that the observations made would not influence the trial proceedings.