Pramod Kumar Upadhyay, convicted for raping and robbing a 24-year-old woman, in 2014 at Powai.
The Bombay High Court on Monday rejected the bail application filed by the security guard Pramod Kumar Upadhyay, convicted for raping and robbing a 24-year-old woman, in 2014 at Powai.
Justice A M Badar turned down the plea filed by the accused pending his appeal challenging the ten year sentence imposed on him by a session’s court in 2015. The court observed that he was the security guard of the housing society and it was his duty to protect the members of the housing, instead he had committed such a crime.
Special Public Prosecutor Vaibhav Bagade had opposed the bail plea claiming that there was medical evidence and extra judicial confession of the accused before the medical officer, soon after his arrest to prove that he was involved in the crime. Further the recovery of mobile phone of the victim from his possessions shows his involvement.
However, advocate Apeeksha Vora appearing for the accused had argued that there was a delay in the filing of the first information report, the witness statement were incorrect and inconsistent and more important since he was a security guard at the time of the incident he was being wrongfully framed in the case. However, after going through the facts and evidence adduced by the prosecution the court rejected the application.
In January 2014, when the 28-year-old woman got back home from a dinner party, the security guard of her housing society, raped her, and then proceeded to rob her of her belongings. The trial court while convicting him held that the prosecution's case was proved beyond reasonable doubt.
According to the prosecution's case, the victim, a dance teacher by profession, had gone to a hotel in Powai for dinner with two of her friends. They left the hotel after midnight. The victim had had two glasses of wine, and was in an inebriated state when she got home, after a rickshaw ride with her two friends, who left after dropping her outside her building.
The CCTV in the victim's building showed her entering the premises around 3.30am. However, as per her friends' deposition, he dropped her outside her building at 2 am. After investigation, the police realized that the watchman was not on his seat for that timing and arrested him.
The victim’s mother who was present in the court at the time of pronouncement of the order, said, “When 3 years back in the early hours of the morning I took the call of seeking justice for my Daughter I only had two allies the police and the judiciary and today they have done justice by not betraying my trust in the system. For the last three years the corridors of session court , high court has become my second home and have learnt a lot. Justice A M Badar was clinically efficient and crystal clear. He has paved the way for the survivors family to try rebuild their lives. A special mention to the police department in their sensitive approach with the victim family right from the first handling of the complaint by Inspector Chavan to the senior most Mr Deven Bharti JT CP without whom this Mother would have not made it this far. Vaibhav Bagade has done a remarkable job of carrying it through with sincerity and intelligence.”
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