Gagging doesn’t prove intention of sexual assault: Bombay HC

Thane | Sunday | 2nd December, 2018

Summary:

The sessions court had relied on the provisions about intention of the accused to commit sexual assault for holding him guilty. “The accused deserves benefit of doubt and deserves to be acquitted of all charges levelled against him,” the court ruled. The girl's uncle who saw the incident screamed at the accused and he dropped the girl on the road and ran away. Justice Sadhna Jadhav gave the accused benefit of doubt and ordered his release from prison.“There is nothing on record to even remotely indicate that the accused had gagged mouth of the victim on the public road with an intention to commit sexual assault. A sessions court earlier this year convicted the accused and sentenced him to three years’ imprisonment..