No sane man would believe it : Bombay HC grants bail to man accused of raping woman at Juhu beach

MUMBAI: The Bombay High Court has granted bail to a man who was allegedly raped a woman on Juhu Beach in Mumbai.

While granting bail, Justice PK Chavan noted that “no sane man would believe” that in broad daylight at a crowded beach, the applicant would commit forcible sexual intercourse with the victim. 

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 Court was considering a bail application filed by a man who was arrested under provisions of the Indian Penal Code and Protection of Children from Sexual Offences Act, 2012.

As per the prosecution, the petitioner who was working as a watchman was friends with the victim, who was a housemaid. The victim was solicited for a sexual favor, and when she refused, the applicant took her behind stones, threatened her with serious repercussions, and forced engaged in sexual relations with her. This led to the filing of an FIR. Consequently, the Bangur Nagar Police arrested him.

While dealing with the bail application, 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, a and therefore, the applicability of the POCSO Act was ruled out. The court then proceeded to grant him bail.

Advocates Nazneen Khatri and Khatri Mohamed Adil represented the applicant in this case. Respondent No. 1-State is represented by Advocate Ashish Satpute, APP, while Respondent No. 2 was represented by Mr. Subir U. Sarkar.