HC grants Bail to Rape Suspect who Allegedly Posted Survivor’s Nude Pictures

An accused rapist who allegedly sent naked pictures and videos of the victim to her family members in an attempt to coerce her into having a sexual relationship with him has been granted bail by the Bombay High Court.

Because of the prosecution’s dubious evidence, the bail was granted.

In September 2021, the accused was taken into custody by the Borivali police and charged with offenses under the Information Technology Act and the Indian Penal Code. Despite spending more than two years in prison, his attorney informed the single judge bench of Justice GA Sanap that neither the trial nor the forensic examination of his cell phone—which played a crucial role in the crime—had made any headway. He contended that the analysis report was anticipated and exposed the police’s hypocrisy in not taking the victim’s or her relatives’ cellphone for examination. He argued that the evidence was shaky and that the accused should not be imprisoned any longer.

Forensic Science Laboratory (FSL), Kalina, had not submitted the report despite four reminders, which prevented additional public prosecutor HJ Dedhia from submitting the forensic analysis. But he contended that the accused shouldn’t be released on bond given the seriousness of the crime, particularly since he might alter the evidence and endanger witnesses.

The victim and her relatives deleted the alleged videos that supported their allegations from their phones, so the court noted that they were not in a position to present them. Furthermore, the prosecution was unable to provide a specific timeframe for the examination of the accused’s mobile evidence. The court concluded that all the facts and circumstances supported the accused.

The court granted the bail request, stating, “In my opinion, the facts and circumstances do not warrant further incarceration of the accused.”

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