Man accused of raping minor gets bail

The Bombay high court (HC) on March 17 granted bail to a 24-year-old Dombivli resident who was arrested on charges of raping a minor in 2018

The Bombay high court (HC) on March 17 granted bail to a 24-year-old Dombivli resident who was arrested on charges of raping a minor in 2018. The bail was granted based on the grounds that the medical reports and forensic report of the victim had failed to prove sexual assault by the applicant and the prosecution had prima facie failed to prove the man’s involvement in the crime.

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The single-judge bench of justice Sandeep Shinde, while hearing the plea by the man booked for rape and sexual assault under the Indian Penal Code and of Protection of Children from Sexual Offences (Pocso) Act, 2012, was informed by senior counsel Manoj Mohite that the man was young and was in custody for nearly two and a half years and as he was willing to cooperate with the investigation he should be granted bail.

According to the complaint, the survivor was 16-years-old when the incident took place on August 5, 2018. It was Friendship Day and hence met the applicant whom she knew for a year along with a co-accused, a juvenile-in-conflict with law. The three went for a ride on the scooter and after the ride went to a room allegedly belonging to the applicant’s family where the duo committed forcible sexual assault on her.

The complaint states that as she was allegedly threatened with dire consequences if she revealed the incident to anyone, however, after reaching home the victim narrated her ordeal to her mother and a first information report (FIR) was registered with the Dombivli police station. The applicant was arrested the next day and a charge sheet was filed in due course.

While referring to the medical and Forensic Science Lab (FSL) reports of the victim Mohite submitted that material on record did not indicate that the victim was sexually assaulted by two persons. He then referred to the WhatsApp chats between the two and submitted that the chats suggested intimacy between the applicant and the victim.

Advocate Anjani Kumar Singh for the complainant however opposed the application and said that WhatsApp chats suggested that the applicant had lured the victim to the place with a premeditated plan and hence the court should not grant him bail. Singh also sought the trial to be expedited.

After hearing the submissions the bench noted, “I refrain myself from commenting on the Whatsapp chats. However, chats also suggest, a habit of the victim and the applicant of smoking ganja (or colloquially smoking pot).”

With regards to the material on record, the bench observed, “Thus, the medical reports and the FSL report together leads me to infer that prima-facie, allegations of penetrative sexual assault by the applicant and the co-accused on the victim was not likely.” The bench then noted that while the minor had alleged that she was thrown to the ground before being sexually assaulted the medical examination of the and Forensic Science Laboratory report should have suggested and corroborated her assertion, but it did not do so.

While granting bail on these grounds the court noted that the trial could not be expedited in view of the pendency of cases before the special court. The court directed the man to furnish a personal bond of ₹30,000 with one or more sureties in like amount and also asked him to attend police station once a month till framing of charges against him.