POCSO case: Court grants bail to 30-year-old

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[google-translator]

Mumbai: A 30-year-old driver has been granted bail in a POCSO case registered for allegedly sexually assaulting a 16-year-old girl. The court observed that the girl didn’t raise a hue and cry when the accused parked his tempo at an isolated spot and for almost an hour she did not even ask for help.

As per the prosecution case, the minor was residing with her maternal uncle at Koregaon in Satara district where she completed her school education, and the accused was the friend of her maternal uncle.

After class 10, she shifted to Mumbai with her parents for further education. Here, the accused and the victim met through Instagram and became friends. On September 4, 2022, the accused sent her a message that he will arrive in Mumbai the next day by tempo and expressed his desire to meet her. He called her at Wadala Railway Station.

Around 10.30 am on September 5, 2022, the girl left home and while she was proceeding towards her college, the accused came behind her in a tempo.

The girl claimed that he asked her to join him and promised to drop her at her destination. She alleged that the accused took away her mobile and proceeded towards Navi Mumbai. She added that he parked the tempo on the Mumbai-Pune expressway and forced her to step out.

It is alleged that he took her away and raped her. Her maternal uncle who saw the vehicle of the accused stopped to check and saw that the accused was beating the victim. He rescued her and a case was registered against the man.

On the other side, the accused in his defence claimed that they were in a consensual relationship.

The victim intervened in the hearing and submitted that an unfortunate incident of forceful sexual intercourse took place in the bushes near Mumbai-Pune Expressway where the victim tried to seek help from other vehicles but none of the vehicles stopped. Medical examination report of the victim also showed three fresh injuries on the back, lips and head.

The court, however, held that whether the act committed by the accused was forcible or not, is a matter of consideration at the stage of the trial. “Though the medical examination report of the victim revealed that there was confusion on her lips and laceration over her back and head, the record showed that the victim did not raise a hue and cry when the accused parked his vehicle. Though they remained there for one hour, the victim did not seek any help from others,” the court observed while granting bail to the accused.


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