Rape accused given bail for inconsistencies in statements
Mumbai, April 1 -- The Bombay High Court has granted bail to a 36-year-old man accused of raping an 18-year-old mentally ill girl from Thane, noting material inconsistencies in the victim's statements and the evidence on record.
A single bench of justice RM Joshi, during the hearing on March 25, observed that the statement recorded before the magistrate did not appear to have been made by the victim herself, but by a witness who had informed the victim's mother about the alleged incident.
The accused moved the Bombay high court last year, seeking bail on the ground that the evidence on record indicates inconsistencies in the statement of the victim recorded on different stages of the investigation.
Advocate Sana Raees Khan, appearing for the accused, also submitted that CCTV footage on record did not show the victim entering the accused's house.
The prosecution opposed the bail plea, citing the serious nature of the offence. It argued that the victim is a special child who requires assistance to communicate, and therefore her statement recorded before the magistrate with the help of a witness should be considered valid....
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