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Synopsis

The Bombay High Court has granted bail to a man who was booked for raping a woman on Juhu Beach in Mumbai.

A single-judge bench of the high court comprising Justice PK Chavan was hearing a bail application filed by a man who was booked under the Indian Penal Code and Protection of Children from Sexual Offences Act, 2012.

The victim, a housemaid at Oshiwara in Mumbai, got acquainted with the applicant, who worked as a watchman. They developed a friendship that turned into a love affair. The victim alleged that the applicant stalked her, sent messages, and made phone calls.

On 14th May 2021, while at Juhu Chowpatty with the applicant, he asked for a sexual favour, which she declined.

The applicant threatened the victim with dire consequences, forcibly took her behind the stones, and had forcible sexual intercourse with her, leading to the filing of an FIR.

The bench found from the X-ray report that the victim's radiological age is more than 19 years but less than 20 years, so the provisions of the Protection of Children from Sexual Offences (POCSO) Act could not be invoked.

The bench also recorded in its order that no sane person would believe that the victim could be raped on a beach in broad daylight during Id.

“..prima facie, it does not appeal to ones mind that in a broad day light 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 order reads.

Therefore, the court granted bail to the man, noting that he was in jail since June 2021 and the charges are yet to be framed.

Advocates Nazneen Khatri a/w Khatri Mohamed Adil, for the Applicant.

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

Mr. Subir U. Sarkar, Appointed Advocate, for Respondent No.2.

Case title: Baharul Islam Mujibur Rehman Laskar vs The State of Maharashtra and Anr.