Bombay HC rejects anticipatory bail to businessman booked for sexual assault of minor girl

After his counsel sought continuation of interim protection from arrest granted earlier pending hearing of the plea, the court continued the same for another four weeks.

The order on the accused’s anticipatory bail plea was passed by a single-judge bench of Justice Amit Borkar on June 22.

The businessman was booked under charges of rape, outraging modesty of woman, criminal intimidation among others under IPC and provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

According to the prosecution, the minor girl who was 13 years and 10 months old resided with her parents and her father knew the accused.

In August 2021, when the businessman came to know about the victim’s wish to become an actor, he told her father about having many acquaintances and friends in the film fraternity and that he can request them to give her a role.

Thereafter on June 13, 2022, the accused allegedly called the girl’s father and asked him to bring his daughter to a hotel in Pune to meet a director, according to the prosecution.

The accused allegedly asked the parents to wait outside the hotel room booked for an audition and when the parents left the room, he asked the victim to dance with him and later she was told that she needed much improvement.

In November, 2022, the accused visited the girl’s house and said he would like to take an audition and the parents went out for a walk.

The accused allegedly told the victim that she would have to give an audition in a bikini and when she refused to do so, he said she had to do it if she wanted to build her career.

He asked her to walk in a bikini and while she was walking he came from behind and hugged her. When she raised the alarm by calling her mother, he threatened her of consequences if she disclosed anything to anyone. He then forcefully physically assaulted her and left their home.

A month later, when the victim’s father told her about the businessman’s desire to take her to another audition, she narrated the ordeal to the father.

The accused denied all allegations and threatened the parents. He also transferred Rs 3 lakh to the victim’s mother’s account.

The complaint in the case was lodged on December 24, 2022. After sessions court on January 24, this year rejected his pre-arrest bail plea, the accused approached the High Court.

Senior advocate Aabad Ponda, appearing for the accused, claimed inconsistencies in victim’s statement pertaining to date of incident and that filing such a complaint was an attempt by victim’s parents to extort the applicant.

Ponda added that the accused was falsely implicated in the case and as chargesheet is filed in the case, his custodial interrogation was not required.

The bench held that the circumstances in the case “dispel the theory of false implication of the applicant” and rejected his plea.