Introduction:

In the case of Baharul Islam Mujibur Rehman Laskar Versus The State of Maharashtra and Anr, the Bombay High Court granted bail to the accused, a watchman, accused of raping a house help behind a rock at Juhu Chowpatty in May 2021. The court’s decision came after scrutinizing the credibility of the victim’s testimony and considering various legal aspects surrounding the case.

Arguments:

The prosecution alleged that the accused forcibly assaulted the victim despite her refusal and threatened her with dire consequences. The accused was booked under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012. However, the defense argued that the victim’s radiological age, as per an X-ray report, was between 19 and 20 years, ruling out the applicability of the POCSO Act. Additionally, the defense highlighted the victim’s statement under Section 164 of the Criminal Procedure Code, suggesting a consensual relationship between the parties.

Court’s Judgement:

Justice Prithviraj K. Chavan granted bail to the accused, emphasizing the lack of credibility in the victim’s version of events. The court reasoned that the alleged incident, occurring in broad daylight at a crowded location, seemed implausible. Moreover, with no charge framed and the trial yet to conclude, the court deemed it appropriate to grant bail with certain conditions to ensure the accused’s compliance with legal proceedings.