2 weeks ago
Mumbai Court Rejects Rape Accused's Plea to Open Pan Shop
A man in Mumbai was accused of hurting a woman in a very serious way.
The court let him go free for now, but told him he must stay away from where the woman lives.
Later, the man asked if he could open a small shop near her building.
The court said no.
The man said he needed to earn money and support himself.
But the judge said keeping the woman safe was more important.
The shop would have been at the entrance of her building, so she might keep seeing him and feel scared.
The judge explained that the rule was fair because it was directly connected to the crime.
So the man has to find another place to do his business, away from the woman's home.
Mumbai sessions court rejected a 51-year-old rape accused's plea to relax his bail condition and open a pan shop near the victim's residence.
The court had earlier barred the man from entering the vicinity of the 26-year-old mentally challenged woman he is accused of raping.
The proposed pan shop was to be located at the entrance of the building where the victim resides, in the very next building to her premises.
The court held that the right to livelihood is not absolute when weighed against conditions imposed while granting bail.
The court ruled the condition remains necessary and proportionate, as it has a direct nexus with the allegations, despite the accused's financial hardship.
- Who
- A 51-year-old man accused of raping a 26-year-old mentally challenged woman, and the Mumbai sessions court.
- What
- The sessions court rejected the accused's plea to relax his bail condition so he could open a pan shop at the entrance of the victim's building.
- Where
- Mumbai.
- When
- Date not specified in the article.
- Why
- To protect the victim from avoidable and continuous proximity with the accused, as the condition had a direct nexus with the allegations.
Right to Livelihood
Victim Protection
Opening a pan shop near the victim's residence
Right to Livelihood
The accused's desire to resume his business at a particular location and his financial hardship should allow him to open the shop.
Victim Protection
The shop would be at the entrance of the victim's building, substantially defeating the bail condition and exposing the victim to avoidable and continuous proximity with the accused.
Key facts
- Accused
- 51-year-old man
- Victim
- 26-year-old mentally challenged woman
- Alleged crime
- Rape
- Ruling
- Plea to relax bail condition rejected
- Requested business
- Pan shop at the entrance of the victim's building
- Court
- Mumbai sessions court
- Key principle
- Right to livelihood is not absolute against bail conditions
- Rationale
- Condition has direct nexus with allegations; shop would defeat its object
Quotes
Mumbai Sessions Court Judge
Judge of the Mumbai sessions court
“The Court is mindful that bail conditions should not be excessive, oppressive or unrelated to the purpose of bail. The present condition, however, has a direct nexus with the allegations in the present crime and with the location of the victim's residence.”
freepressjournal.in
“Granting permission to open the Pan Shop at the entrance of the building would substantially defeat the very object of the said condition and may expose the victim to avoidable and continuous proximity with the accused.”
freepressjournal.in
Sources
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