Bombay HC Frees Man Jailed 10 Years for Rape

The Bombay High Court has ordered the release on bail of a man who spent 10 years in prison following his conviction for the sexual assault and rape of a minor. Justice R.M. Joshi directed that the sentence be suspended until the appeal against his conviction is decided. The man was sentenced to 20 years imprisonment in February 2024 under the Pocso Act and IPC.

The court's decision was based on apparent inconsistencies in the evidence presented. The applicant's advocate highlighted discrepancies in the statements given by the victim, her sister, and their mother. Crucially, a medical examination conducted shortly after the alleged incident did not find any signs of sexual assault. The First Information Report was registered six days after the alleged incident.

Arguments presented also noted differences in witness accounts regarding the presence of light during the incident and the mother's whereabouts. While the prosecution argued the victim's detailed narration, the judge emphasized that the noted inconsistencies were material and could not be dismissed. The judge also acknowledged that a history of sexual assault narrated at a later point might not accurately reflect the facts, given the applicant has already served 10 years.