Bombay High Court
Mohammed Muneed Abdus Saleem SayyedversusThe State of Maharashtra
- Decided
- Disposal
- Disposed Off
Holding
There is a strong prima facie case against the applicant, and the revision application is rejected.
Summary
The applicant, Mohammed Muneeb Abdus Saleem Sayyed, sought discharge from a criminal case alleging sexual assault of a minor, but his revision application was challenged. The prosecution alleged that the applicant lured a 17‑year‑old victim, spiked her drink, took obscene photographs, created a fake Instagram account, and blackmailed her. The applicant contended that the relationship was consensual, presented WhatsApp chats as evidence, and claimed an alibi supported by tower location data. The court held that at the prima facie stage, the WhatsApp chats and alibi were insufficient to outweigh the serious allegations and the recovered obscene photographs. Consequently, the court found a strong prima facie case and rejected the revision application, upholding the trial court’s order.
Issues considered
- Whether the discharge application should be rejected on the basis of a prima facie case of sexual assault of a minor.
- Whether the applicant's alibi and WhatsApp chat records constitute sufficient ground for discharge.
- Whether the trial court's order denying discharge can be interfered with on appeal.
Subjects
- sexual assault
- minor
- obscene photographs
- blackmail
- alibi
- prima facie
- criminal revision
- discharge application
Judgment
9-REVN-263-2026 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 263 OF 2026
Mohammed Muneeb Abdus Saleem Sayyed ...Applicant
VERSUS
The State Of Maharashtra & Anr. ...Respondents
_________________________________________________________________
SONALI by
Digitally signed
SONALI
SATISH KILAJE
Mr. Tohid Shaikh, Advocate for Applicant.
SATISH Date:
2026.09.29
KILAJE 17:52:51
+0530 Mr. S.R.Agarkar, APP for the Respondent-State.
Mr. Abhijit Aher, Advocate for Respondent No.2.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 21st SEPTEMBER, 2026.
P.C. :
1. The challenge in this Revision Application is to the impugned
order whereby rejection of discharge application filed by the applicant
came to be rejected.
2. It is prosecution’s case that the applicant sexually assaulted the
first informant by threatening to make her obscene photographs viral,
created a fake Instagram account in the name of victim and uploaded the
said photographs on it and forwarded to the family members of the victim.
3. It is contention of learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the present case.
The applicant was acquainted with the victim through Instagram, the
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9-REVN-263-2026 (CR).doc
S.S.Kilaje
sexual relations between them were consensual. There was a delay in
lodging the complaint. On 19.04.2024, the applicant had an exam and it
was not possible for him to meet the victim. Learned counsel further
submits that from the copy of WhatsApp chats placed on record, showing
that victim and applicant were chatting with each other on the said date
from early morning at 3.15 am. Thereafter, they were chatting at 03.54
pm. till late night 10.58 p.m. which indicates that no incident occurred on
that day. It shows that the relations between the applicant and victim
were voluntary and consensual without any coercion. Learned counsel
further submits that the tower location of the victim and the applicant
dated 19.4.2024 shows that they were at different locations. However, this
fact is not considered by the learned Sessions Judge. There is no case at all
against the applicant and requested to allow the application.
4. It is contention of learned APP and learned counsel for
respondent No.2 that, at the time of the first incident, the victim was 17
years and 7 months old. On 19.04.2024, the applicant lured victim to his
residence, administered a spiked beverage, causing unconsciousness, and
thereafter sexually assaulted her. Obscene photographs of victim’s were
clicked without her consent, by threatening to kill her parents through
contract killers, if she refuse to continue physical relations. Thereafter, the
applicant blackmailed her, threatening to make the photographs viral and
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9-REVN-263-2026 (CR).doc
S.S.Kilaje
sent it to her relatives and sexually assaulted her at various places. It is
alleged that the applicant created a fake Instagram account in the name of
victim and uploaded her obscene photographs on it and forwarded to her
family members. There is sufficient material available against the applicant
to proceed with the trial. The learned Sessions Judge has passed well
reasoned order. No interference is required in it and requested to reject
the application.
5. I have heard all the learned counsel. Perused impugned order
and documents produced on record. The statement of victim indicates
that, on the first occasion the applicant sexually assaulted her by spiking
her juice. When she was unconscious, he took obscene photographs of her
and threatened to make the pictures viral. Subsequently using that threat
he sexually assaulted her. The defence of the applicant is that, on the day
of the incident, he was not present at the scene, however, at this prima
facie stage. It cannot be conclusively tested or accepted as a ground of
discharge. The question of presence and absence of the accused, as well as
the veracity of the plea of alibi, is a matter to be established during trial
through evidence. It is contention of learned APP that, during investigation
obscene photographs of victim were recovered from the mobile of the
applicant, and those obscene photographs form part of evidence against
him. Considering the allegations against the applicant, although the
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9-REVN-263-2026 (CR).doc
S.S.Kilaje
applicant relies upon certain whatsapp chats to content that the
relationship was consensual. However at this prima facie stage, such
whatsapp chats cannot be treated as cogent evidence as obscene
photographs are recovered by the Investigating Officer from the mobile of
the applicant as well as it is alleged that the applicant had created a fake
Instagram account in the name of victim and uploaded photographs on it
and send it to family members of the victim. The first sexual assault was
allegedly done when victim was minor, at the same time her obscene
photographs were taken so no question of consent arise. There is strong
prima facie case against the applicant. In view of above, I pass following
order:
ORDER
(i) Criminal Revision Application is rejected.
(SHIVKUMAR DIGE, J.)
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