Mumbai: The Bombay high court recently released on bail a man who spent 10 years in prison for the sexual assault and rape of a minor in a Mumbai suburb following "inconsistencies" in the evidence.
Allowing his bail plea, Justice R M Joshi on Feb 11 directed that "the substantive sentence imposed against the appellant" shall stand suspended till the decision on his appeal against the Feb 2024 judgment of a special court.
According to the prosecution, on Dec 17, 2015, the girl (then 5 years old) and her sister (7) were playing when the accused came and took her to his house. He locked the door, keeping her sister out, and committed the offence.
He was booked under the Protection of Children from Sexual Offences (Pocso) Act including for aggravated penetrative sexual assault and under IPC for rape of a minor and sentenced to 20 years of imprisonment.
"As rightly pointed out" by the applicant's advocate Shashikant Chandak, Justice Joshi said "prima facie, the evidence on record indicates that there are major inconsistencies in the statements of the victim, her sister, and her mother".
Chandak argued that a medical examination on Dec 17, 2015, did not find she was sexually assaulted. On Dec 23, 2015, the FIR was registered introducing the commission of the offence. Chandak said the girl and her sister differed on whether the lights of the house were on or off. The mother and the girl differed on the mother's presence at home when she went crying to her.
Opposing the grant of bail, the prosecutor and the mother's advocate said the minor had narrated the manner in which she was sexually assaulted. They referred to the trial court's observation on possible miscommunication between her and the medical officer.
Justice Joshi said, "The inconsistencies are material in nature and cannot be brushed aside by way of branding them as insignificant."
There is substance in the contention that "history of sexual assault given at a later point of time may not depict the correct facts".
The judge noted that the applicant has been behind bars for 10 years and his appeal is unlikely to be heard soon. He also has no criminal history and is unlikely to flee. Justice Joshi directed him not to contact the girl or her family members, adding any breach of the condition "shall result forthwith in cancellation of bail".
Rosy Sequeira is special correspondent at The TImes of India, Mum...
Read MoreRosy Sequeira is special correspondent at The TImes of India, Mumbai\nsince July 2011. She has covered Bombay High Court for over nine years\nwhich includes her earlier stints with other newspapers. Her forte is\non-the-spot accurate reporting. She tries to bring a human face to the otherwise largely\ndrab court proceedings and constantly looks out for judicial observations \nthat strike a chord with the common man.\n
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