Mumbai Court Rejects Rape Accused's Plea To Open Pan Shop Near Victim's Residence
Mumbai: Right to livelihood is not absolute, as against the conditions imposed by the court while granting bail to an accused in a rape case, the sessions court said, rejecting the plea of an accused to open a shop in the very next building of the premises of the victim. The sessions court has rejected a plea of a 51-year-old man seeking to relax the condition imposed on him while granting bail.…
A 51-year-old man accused of raping a 26-year-old mentally challenged woman had his plea to open a shop near the victim's residence rejected by a Mumbai court. The sessions court stated that the right to livelihood is not absolute when bail conditions are imposed. The court emphasized that the condition preventing the accused from entering the victim's vicinity is necessary and proportionate to the crime.
The court also considered the applicant's desire to resume his business and the financial hardship he faces. However, the balance of convenience was heavily against granting permission to open the pan shop at the entrance of the building where the victim resides, as it would defeat the purpose of the condition and put the victim at risk of continuous proximity to the accused.
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