Bail application by an accused charged under IPC and POCSO for sexual assault of a girl about 15 years old, who claimed it was a love affair and relied on consent of the victim and her mother. The High Court found the case serious, noting witness tampering concerns, and rejected bail.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.291 OF 2024
Munir alias Munna Mehboob Shaikh
.Applicant
Versus
The State of Maharashtra
.Respondent
Mr. Prosper D’Souza, Advocate, for the Applicant. Ms. Supriya Kak, APP, for the Respondent – State.
CORAM: MADHAV J. JAMDAR, J. DATE: 14.03.2024
P. C.
Kak, learned APP for the Respondent – State.
and 11 months. Her parents are agricultural labourers. The Applicant i.e. Accused No.1 is a labour contractor. He frequently used to visit the house of the victim when her parents went out for work and the
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“7] Heard all parties. Perused papers. It is not simple case of sexual contact out of love relations. Even though, victim is having age of understanding, and now, gave consent for bail, still she is under the age of 18 year, and her consent is im-material. The accused is a labour contractor employing parents of victim on the work of others. He took advantage of such position, and kept love relations with their child. The sole intention of accused is to sexually exploit the girl child. With such
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intention, he took victim to lonely place with the help of his friend, Chetan. They have kept her confined in one room. Chetan, also took advantage of that situation, and committed sexual intercourse. Thereafter, accused, Munir Shaikh, came over there in the room, and the victim narrated incident of sexual intercourse by friend, Chetan, but accused did nothing. Even, he did not scold, Chetan, about such sexual intercourse. If at all, accused was in real love with the victim, then he would have quarreled with, Chetan, in stead allowed, Chetan, to have intercourse with victim, and that shows that, both of them have taken away victim, to lonely place in order to keep sexual relations, and that amounts to rape.
8] Later development of giving consent by the victim to grant bail cannot be considered as change in the circumstances. Because at the time of earlier bail, she has resisted application, and requested to reject bail. So, there is no change in the circumstances to grant bail to the accused. Hence, his application deserves to be rejected. Hence, order.”
[MADHAV J. JAMDAR, J.]
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2 issues framed by the court
Whether the applicant should be granted bail in a POCSO case where the victim and her mother gave consent but the applicant allegedly misused his position as the victim's parents' labour contractor.
Whether conflicting dates of birth in school and Aadhaar documents create doubt that the victim was a minor at the time of the offence.
7 provisions across 2 enactments
Munir alias Munna Mehboob Shaikh
The State of Maharashtra
Madhav J. Jamdar
As recorded by the court registry
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