MUMBAI: A 29-year-old man arrested in a gang rape case over a year ago has been granted bail after the chemical analysis (CA) report did not detect semen on the clothes of the survivor or bed sheets.
The court said based on the report, there appears some substance in the argument of the accused and possibility of him not being involved cannot be fully ruled out.
The woman had alleged that the accused had invited her to a birthday party where she was sexually assaulted by four men after her drink was spiked. The incident took place in June.
Defence advocate for the accused Abdul Shaikh said there are discrepancies in the FIR, the survivor’s history before the medical officer and statement recorded before the magistrate. The court, however, said the discrepancies are not sufficient to come to the conclusion that this is a false case. “But the CA report produced is mentioning that no semen is detected, therefore, there appears some substance in the argument of the counsel for accused and possibility of accused not being involved cannot be fully ruled out,” the court said.
It said that considering the CA report and that there are no criminal antecedents of the accused and that chargesheet is filed, it would be proper to release the accused on bail. The co-accused have been given bail.
The prosecution said the survivor and accused stay in the same area and it may pressure the woman and witnesses.
Imposing conditions on the accused, the court said, “He shall not... make any inducement, threat or promise to any person acquainted with the case...”
