CHANDRASHEKHAR NARAYAN JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Joshl, learned Counsel for the applicant and Mr. Mirza, learned Additional Public Prosecutor for the respondents-State.

(2.) CRIMINAL Revision Application is directed against the impugned order, dated 1. 4. 2000, passed by Sessions Judge, Wardha, below Exhibits 7 and 14 in Special Case No. 27 of 1995, whereby the application moved by the applicant for discharge from the offence punishable under s. 3 (i) (xi)of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)Act, 1989 is rejected. The prosecution case, in nutshell, is as follows

(3.) THE applicant-accused Chandrashekhar was working as a Deputy manager in Bank of India, Branch at Wardha. The prosecutrix Meerabai was working as a Sweeper-cum-Peon. On 9/09/1993, the applicant-accused Chandrashekhar was alone in the office. At that time, prosecutrix meerabai was standing along at the main gate of the Bank hall. The accused then called her and scolded her for not cleaning his table properly. On the day of incident, there was a strike by employees of the Bank. The prosecutrix meerabai entered the office of the accused for cleaning the table etc. At that time, the accused - applicant Chandrashekhar had pressed her breasts and thereby outraged the modesty of Meerabai. The prosecutrix thereafter lodged a complaint in the Police Station, Wardha, on 23. 9. 1993. On completion of investigation, charge-sheet was filed by the prosecution on 19. 4. 1995 for the offence punishable under s. 3 (i) (xi) of the Scheduled castes and the Scheduled Tribes (Prevention of Atrocities) Act. 1989 (hereinafter referred to as "the Atrocities Act", for short) as well as for the offence punishable under s. 354 of the Indian Penal Code.