The 26-year-old-taxi driver who was allegedly seen spotted in an act of bestiality with a female dog in Tardeo sought bail on the ground that the police cannot record the statement of the victim — the dog.

The sessions court, however, on Thursday rejected the bail plea, stating that the incident was an act of cruelty against the animal.

“The so-called victim is an animal. Hence, the question of recording the statement of the said victim does not arise,” accused Mahesh Kamat said in his application.

On August 30, Tardeo resident Rajeshree Khanna and her neighbour were taking Khanna’s dog for a walk when they heard the yelps of another dog nearby. They followed the sound and saw Kamat allegedly having sex with the female dog in a dark corner.

Kamat fled but was caught later by the Tardeo police. He was booked under section 377 (having unnatural sex) of the Indian Penal Code and under the Prevention of Cruelty to Animals Act.

Raising a contention that Khanna cannot file the complaint in this case, the bail application stated, “The so-called victim is a stray and the question of cruelty against animal does not arise because the accused does not own the dog.”

The prosecution contended that since the investigation is on, the accused cannot be granted bail.