A youth accused of gangrape of a 17-year-old, who later went on to face murder charges in another case, was on Tuesday denied bail by a special court designated under the Protection of Children from Sexual Offences (POCSO) Act.
The court while rejecting the 22-year-old’s bail plea noted that his previous two bail applications had been rejected on merits of the case and that he has not shown any change of circumstances to claim bail this time.
Special Judge Kalpana K. Patil noted the observations made by her predecessor while rejecting one of his earlier bail pleas in July last year. The court had observed that the police statement of the victim and that before a magistrate recorded under Sec 164 of the CrPC, are consistent. Further that the offence of gangrape is heinous in nature and punishment of not less than 20 years and up to life imprisonment is provided for it. The court had also stated then that the offence of gangrape is very heinous against any woman irrespective of her age.
The Ghatkopar resident had claimed bail on the grounds that there was a delay in reporting the incident to the police. His advocate also argued that the victim was having sexual relations with two other persons and claimed that the accused was falsely implicated and was not acquainted with her.
As per the police complaint, in September 2019, the minor was dancing in a Ganpati procession. Two accused known to her had come in an Activa and taken her to an isolated place. The present accused had joined them at the spot with other co-accused. All of them had gangraped her by gagging her mouth and then left the spot.