The Bombay High Court granted bail to a watchman accused of raping a house help behind a rock at Juhu Chowpatty in May 2021, as the court deemed the woman's account of the events prima facie unbelievable.

Justice Prithviraj K. Chavan remarked, "Considering that the victim was of legal age at the time of the alleged offense, it is not convincing on its face that, in broad daylight at a busy location like Juhu Chowpatty on the day of Id-Ul-Fitra, the accused would engage in forcible sexual activity with the victim. It is beyond belief for any reasonable person."

According to the prosecution's case, the accused, employed as a watchman, had established a relationship with the victim, who worked as a housemaid. On May 14, 2021, it was alleged that he took the victim to Juhu Chowpatty and sexually assaulted her behind some rocks, despite her objections, and threatened her with serious consequences.

As a result, the Bangur Nagar Police charged him under Sections 376(2)(n), 354, 354(D), and 506 of the Indian Penal Code, and under Section 12 of the Protection of Children from Sexual Offenses Act, 2012.

Justice Chavan observed that an X-ray report presented by the prosecution indicated that the victim's radiological age was between 19 and 20 years, thereby eliminating the relevance of the Protection of Children from Sexual Offenses (POCSO) Act.

In the bail grant, the court set forth various conditions, including posting a personal bond of Rs. 25,000 along with one or two sureties, mandatory attendance at the police station and court hearings, and a prohibition on tampering with evidence or influencing witnesses.

Case Title - Baharul Islam Mujibur Rehman Laskar Versus The State of Maharashtra and Anr

Appearance - Adv Nazneen Khatri a/w Khatri Mohamed Adil, for the Applicant.

Adv Ashish Satpute, APP, for Respondent No.1-State.

Adv Subir U. Sarkar for Respondent No.2.