Appeal against bail rejection in a sexual assault case. The High Court dismissed the appeal, deeming observations prima facie. While rejecting the appeal, the court directed the trial court to conclude the trial within six months.
Appeal dismissed; direction to trial court to complete trial within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPEAL-222-2021 (J).doc
Digitally signed by BHAGYAWANT BHAGYAWANT TATYARAO TATYARAO PUNDE PUNDE Date: 2021.08.24 14:05:31 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 222 OF 2021
ABC ... APPELLANT
Versus
Mr. Nitesh Mohite for appellant. Ms. M.H. Mhatre, APP for State,.
Mrs. Shabnam Indorewala appointed for Respondent No. 2-absent.
CORAM : S. S. SHINDE & N. J. JAMADAR, JJ.
RESERVED ON : 10th AUGUST, 2021. PRONOUNCED ON: 24th AUGUST, 2021.
JUDGMENT [PER S.S. SHINDE, J.]:
leveled by the 2nd respondent against the appellant are in respect of the alleged sexual assault, the identity of the appellant and 2nd respondent needs to be concealed, therefore, the appellant is referred to as “ABC” and 2nd respondent
is referred to as “XYZ”. The Registry is directed to maintain the record accordingly.
Bhagyawant Punde, PA
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Bhagyawant Punde, PA
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allegations in the FIR, chargesheet and its accompaniments submits that the appellant has indulged in a very serious and heinous offence and, therefore, he does not deserve leniency. In case, the appellant is released on bail he may tamper with the prosecution witnesses and evidence.
Bhagyawant Punde, PA
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cannot be said that there was inordinate delay in lodging the FIR. In the cases, where there are allegations of sexual assault, the parents of the victim are always slow to lodge the FIR, out of fear of losing reputation in the society. It has come on record that the age of the victim at the relevant time was in between 16 to 17 years as shown in the certificate issued by the radiologist. The CA report is produced along with the chargesheet which shows blood stain on towel and nicker. The statement of the victim is recorded under Section 164 of Cr.P.C., wherein there is specific mention about the sexual assault by the appellant. During the course of investigation, the investigating officer has recorded the statement of alleged eye witnesses who saw the victim in frightened condition. Admittedly, the accused is of 27 years of age and a married person. It is not necessary to give elaborate reasons, which would unnecessarily prejudice the case of the appellant and prosecution during the course of trial.
Bhagyawant Punde, PA
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and complete the same as expeditiously as possible, however within six months from today. In case, the trial is not completed within six months from today, the appellant will be at liberty to apply for bail.
( N. J. JAMADAR, J.)
Bhagyawant Punde, PA
3 issues framed by the court
Whether the appellant is entitled to bail in a sexual assault case where the medical report allegedly contradicts the prosecution case.
Whether lack of trial commencement justifies releasing the appellant on bail despite grave allegations.
Whether the FIR delay and alleged false complaints warrant acquittal at this stage.
ABC
The State of Maharashtra through Kalyan Taluka Police Station, Kalyan
XYZ
S. S. SHINDE
N. J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
