Bombay HC Flags Police Probe Lapses, Refuses Bail To Accused In Sexual Assault Case
· Free Press Journal
Mumbai, April 25: The Bombay High Court flagged serious lapses in the police probe but refused to grant bail to an accused in a sexual assault case, observing that the investigation was not conducted “in proper manner.”
Allegations of assault and circulation of images
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According to the prosecution, the complainant met the accused through a dating application in 2021, following which they remained in contact and met on multiple occasions.
She has alleged that he subjected her to non-consensual sexual acts during visits to Delhi and Mumbai, recorded intimate moments without her consent, and later circulated those images and videos to her family members and colleagues after she ended the relationship.
FIR registered under BNS and IT Act
On her complaint, Pant Nagar Police Station had registered an FIR under the provisions of the Bharatiya Nyaya Sanhita and Information Technology Act.
Defence argues consent and illegal arrest
The defence advocate, Ali Kaashif Khan Deshmukh, argued that the FIR itself reflected a consensual relationship between two adults and that there was no independent material to substantiate allegations of force. It was also contended that the arrest was illegal as the grounds of arrest were not furnished.
Prosecution cites evidence
Prosecutor Veera Shinde and complainant’s advocate Tanay Mandot, however, relied on WhatsApp chats, witness statements and an email allegedly sent by the accused admitting that he had shared the intimate material with the complainant’s family. They argued that these materials clearly indicated that the relationship was not consensual.
Court notes gaps in investigation
Mandot pointed out that despite the allegations of circulating the complainant’s photos and videos to her family, the police had not seized the mobile phone of the accused.
Justice R M Joshi noted significant shortcomings in the investigation, particularly the delay in seizing crucial evidence such as the complainant’s mobile phone.
“This therefore indicates that the investigation has not been done here in this case in proper manner,” the court observed, directing that its order be forwarded to superior officers for “appropriate consideration”.
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Despite these lapses, the court held that the material collected during the investigation prima facie supported the prosecution’s case. It rejected the defence argument that the relationship was consensual, observing that the accused’s conduct, especially the act of circulating private images, pointed to coercion rather than a “love affair.”
“Having regard to the serious nature of offence… this is not a fit case to grant bail,” the court said, dismissing the application.
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