Recently, the Bombay High Court refused bail to a man accused of raping a 17-year-old girl, underscoring that the lack of physical injuries on the victim doesn’t imply innocence. Justice Manish Pitale emphasized that just because the medical examination didn’t find explicit injuries doesn’t mean the accused is innocent, especially since the report didn’t rule out sexual assault.
According to the FIR, the incident unfolded when the girl left home for personal reasons and encountered the accused while distressed. He persuaded her to go with him to a hotel where she alleges he raped her. The next day, he contacted her father to arrange her return home, leading to his subsequent arrest after the girl disclosed the incident.
The defense argued the allegations lacked coherence, noting the accused’s initiative in contacting the girl’s father. They also highlighted the medical report’s finding of no physical injuries or signs of forced intercourse.
Justice Pitale, however, pointed to the victim’s detailed statement indicating vulnerability when the accused approached her, offered her water, and she later fell asleep. She provided a comprehensive account of the assault. The judge dismissed the significance of the accused contacting the father and emphasized there was no prior relationship suggesting consensual sex between them.
Justice Pitale concluded that in cases where a vulnerable girl is exploited by a married man, the absence of physical injuries doesn’t diminish the seriousness of the allegations. He denied bail, citing the grave nature of the offenses, which include charges under the POCSO Act.
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