Lakhan v. State of Maharashtra
In the High Court of Bombay
Criminal Appeal 156/2021
Before Justice Ravindra V. Ghuge and Justice S.G. Mehare
Decided on September 20, 2021

Relevancy of the case: Bail application in a case involving rape and recording of the act

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E)
• The Indian Penal Code, 1860 (Section 34, 307, 323, 354A, 376, 504, 506)
• The Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (Section 3(1))

Relevant Facts of the Case

• The prosecutrix lived in the village of Savangi with her mother, where the appellant was her neighbour.
• The appellant has been after the prosecutrix since 2014. He used to like her and approached her for marriage, which she refused as she studied then.
• One day, the appellant took her forcibly to a lonely place and threatened her that he would commit suicide and blame her if she refused to keep contact with him.
• Since then, the appellant started visiting her residential place and raped her one day with the point of a sharp weapon. He sexually exploited the prosecutrix and also has video recordings and photos of their physical relationship.
• On knowing about their relationship, the prosecutrix’s aunt and the appellant’s father made her drink poison. Further, the appellant threatened her that he would circulate her photographs and videos on Facebook.
• When the prosecutrix went to report the incident on January 21, 2019, the appellant forcibly took her away and abused her in the name of her caste. She was then made to leave the village by making threats.
• Afterwards, she lodged a report with the police when they shifted to the other village. The prosecutrix’s medical records support her allegations.
• The appellant applied for anticipatory bail in the Apex court, which was denied. Thus, he has been behind bars since March 25, 2019.

Prominent Arguments by the Advocates

• The prosecutrix’s counsel submitted that the appellant is well-connected with influential people. He would immediately start influencing other witnesses if released on bail.
• The appellant’s counsel submitted that the appellant is willing to abide by any conditions, including staying away from the village or district.

Opinion of the Bench

• Other accused persons have been on bail for over a year, and none have been alleged to have influenced the prosecutrix or other witnesses until today. Thus, detention of the accused in jail is not necessary.

Final Decision

• The bench allowed the appeal subject to several conditions.