Bombay High Court Grants Bail to Man Accused of Sexual Assault on Mumbai Beach

Mumbai, 29th March 2024: The Bombay High Court has granted bail to a man accused of sexual assault on a Mumbai beach, stating that the circumstances presented do not align with the alleged offence. Justice Prithviraj Chavan remarked that the notion of such a crime occurring in broad daylight on a crowded beach, especially during a festive occasion, challenges credulity.

The case involved a Mumbai woman accusing a security guard, with whom she had a relationship, of assaulting her at Juhu Chowpatty. Despite the case initially being registered under the Protection of Children from Sexual Offences (POCSO) Act, the court emphasized that the victim was not a minor. The relationship between the accused and the woman evolved from friendship to romantic involvement.

During the incident in May 2021, the accused allegedly demanded sexual acts from the woman, who refused. Subsequently, the woman claimed the accused coerced her and committed the assault on the beach.

Advocate Nazneen Khatri, representing the security guard, presented evidence, including an X-ray report indicating the woman’s age to be between 19 and 20 years. Consequently, the court found no basis for invoking provisions under the POCSO Act.

The High Court expressed scepticism regarding the feasibility of such an offence occurring under the described circumstances and noted the absence of charges being framed by the trial court. In light of these factors, the court decided to grant bail to the accused.