STATE OF MAHARASHTRA Vs. MOHAMMAD ISAQ MOHAMMAD ANSARI

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 17th March 2003 passed by the 10th Additional Sessions Judge, Pune, acquitting accused of offences punishable under Section 3 (1) (xi) (assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC and ST Act) and under Section 354 (Assault or criminal force to woman with intent to outrage her modesty) and 341 (Punishment for wrongful restraint) of the Indian Penal Code (IPC).

(2.) Pursuant to notice issued by this Court in accordance with order dated 3rd September 2019, complainant (PW-1) - Dipali Tupe, is present in Court. PW-1 was asked, on the Court's request, by the learned APP whether she wants to engage another lawyer to represent her. Learned APP informed that PW-1 stated that she does not want to be independently represented.

(3.) The case of the prosecution in brief is that the complainant Dipali Sanjay Tupe (PW-1), who was at the relevant time, i.e., 27th November 1999, of 12 years of age, was residing at 853, Bhavani Peth with her mother, two brothers, two sisters and grandmother Sita Tupe, who is PW-2. PW-1's father had died two years before the incident. Mother of PW-1 is working as a maid. In November 1999, PW-1 was studying in 6th grade in a primary school. Accused was running a STD booth opposite the house of PW-1 (complainant). PW-1 used to go regularly to the said STD booth to make phone calls. On the fateful night of 27th November 1999 at about 8.30 p.m. complainant went to the STD booth of accused to make phone call to her cousin sister Shital Tupe. PW-1 used the telephone instrument in the telephone booth. When PW-1 dialed the number of Shital, there was no response and the phone kept ringing. The line got disconnected. Accused then entered the phone booth/cabin and dialed the number of Shital, which was given by complainant and handed over the phone to PW-1. PW-1 found the phone ringing but there was no response. At that time, it is alleged, as complainant was trying to go out of the cabin, accused inappropriately touched her on various parts of her body. It is stated by the prosecution that complainant, when she went to make the phone call, she was accompanied by her friend, who was also around 12 years of age - Rani Waghmare and Rani Waghmare was her neighbor. The FIR says Rani Waghmare was witness to the incident. After the incident, complainant and Rani Waghmare were going home and complainant was weeping. They happened to meet complainant's grandmother (PW-2) in the lane and PW-2 asked PW-1 why she was weeping and PW-1 narrated the incident. PW-2, therefore, took complainant to Sant Kabir Police Chowky, which is under Samarth Police Station and complaint was lodged. In the FIR, there is a statement that accused knew complainant belonged to Matang caste.