“No straight jacket formula as to how a woman would react in a situation of outrage by a man”: Bombay HC

Team SoOLEGAL 25 Jul 2020 4:33pm

“No straight jacket formula as to how a woman would react in a situation of outrage by a man”: Bombay HC

The Bombay HC has noted that there cannot be a straight-jacket formula as to how a woman would react in a situation of outrage by a man. The court also observed that it wouldn’t be justified to keep a young man confined in prison based on a mere allegation which would further violate the principles of natural justice.

The court while making this remark was hearing a bail matter where the Applicant had been accused of making sexual advances towards a 25 year old college student. The incident happened at a bungalow in Lonavala on the night of October 28th, 2019 but the F.I.R to that regard was lodged on November 11th, 2019.

As per the victim, she was sleeping and was awakened when the accused was forcing himself upon her to which she replied further by using force to repel the accused. The accused was apprehended by the police in the month of December and was confined in prison ever since.

The applicant’s counsel contended that there was an unjustifiable delay in filing of F.I.R, there was also no intimation of the incident to any of the friends of the victim at the bungalow. Furthermore, there were certain photographs placed on record which displayed the accused and the victim in a friendly pose, after the alleged incident.

The court, after hearing the contentions was of the prima facie view that there is no reasonable ground to believe that the accused is guilty of charges imposed against him and the court was also surprised by the fact that when the victim raised her voice for help, none of her friends came to her rescue while being in the same bungalow. But, the court also clarified that its prima facie view must not in any manner affect the trial process.

The prosecution resisted against the grant of bail to the accused by saying he is confessed to the crime in whatsapp chats to his friends. With regard to that the court stated that extra-judicial confessions in themselves are not an effective tool to incriminate an individual. The court also took note of the fact that the accused had no criminal antecedents and also had firm roots in the society minimising the likelihood of him absconding the trial.

Taking note of the above contentions, the bench allowed the bail plea by stating, “Incarceration of a young boy for an indefinite period would be antithesis to the concept of liberty. The investigation being completed and the charge-sheet having been filed and the prima facie material contained in the charge sheet persuade me to release the Applicant on bail subject to certain stringent conditions that he will not enter in the jurisdiction of the police station where the victim girl is residing.”

Tagged: Bombay HC   college student   FIR   Counsel   natural justice  
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