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As per Mumbai police, the victim, an orphan, was surviving successful the location of the applicant’s parents successful the metropolis and she was sexually assaulted successful April and May 2023 connected aggregate occasions
Granting bail to a 20-year-old antheral arrested successful August 2023 for allegedly raping his insignificant relative sister, the Bombay High Court observed that determination was a “possibility that helium volition beryllium remorseful and repent successful retrospect”.
The tribunal besides noted that considering bail applicant’s young age, it was hopeful that his household volition “undoubtedly bash their work to marque each effort and effort to betterment and assistance the applicant successful starring a reformed beingness portion connected bail alternatively than support him successful situation and exposure him to transgression outlook and beingness successful prison”.
A single-judge seat of Justice Milind N Jadhav passed the bid connected February 7, transcript of which was made disposable connected Tuesday.
As per Mumbai police, the victim, an orphan, was surviving successful the location of the applicant’s parents successful the metropolis and she was sexually assaulted successful April and May 2023 connected aggregate occasions.
However, the accused, done advocator Rahul A Siddiqui, claimed the 2 had a consensual narration and submitted that his further incarceration astatine the young property would pb him onto “the transgression path”.
The seat noted that it was unanswered arsenic to wherefore the victim, who was regularly attending her Class 10 tuition classes, remained soundless betwixt April 2023 and August that twelvemonth erstwhile the FIR was registered.
The tribunal observed that the unfortunate girl’s disadvantaged inheritance arsenic an orphan had exposed her to “vagaries of the situation” successful the contiguous case. On the different hand, it said, determination was a accidental of the applicant being remorseful if released connected bail.
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“This is simply a accidental required to beryllium taken by the tribunal due to the fact that punishment has to beryllium believed to beryllium inflicted for a reformative effect alternatively than being punitive successful nature,” the HC observed.
The HC said that portion the punishment for the offence volition beryllium decided during the trial, it felt that “reform and rehabilitation of the nether proceedings accused needs to beryllium considered,” particularly erstwhile the accused is of young age.
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