SHEIKH JALIL SHIEKH ISMAIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD. Rule. Rule returnable forthwith. Heard finally by consent of learned Counsel for the rival parties.

(2.) IN the present application, there is a challenge to the F.I.R. No.21/10, registered with Police Station Dharni on 3.2.2010 for the offence punishable under Section 354, 452 of the Indian Penal Code and under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) IT is seen from the reading of the F.I.R. itself that the incident in question did not take place because the complainant belongs to Scheduled Tribe. Reading of the F.I.R. itself shows that applicant/accused had neither any intention nor any knowledge about the fact that the complainant being Scheduled Tribe, he would commit an offence i.e. under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Reading of the F.I.R. shows otherwise and therefore, in my opinion, the F.I.R. in so far as Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is concerned, is required to be quashed. Rest of the offences registered in the F.I.R. will have to be retained. The allegation in the F.I.R. in other offences, namely, under Sections 354, 452 of the Indian Penal Code are serious and it appears that the applicant wanted to take undue advantage of the helpless woman/complainant and according to her, he forcibly took her in her house and tried to remove her saree, obviously with an intent to commit a serious offence. Be that as it may, I make the following order. ORDER