GAJANAN NARAYAN MAKNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is invoking the powers of this Court under Sec. 482 of the Code of Criminal Procedure and seeking quashment of the crime registered pursuant to the First Information Report No. 109/2021 Chakur Police Station, Dist. Latur and the subsequent criminal case registered pursuant to the charge-sheet No. 110/2021 bearing Special Case (Atro) No. 51/2021 pending before the Special Court at Latur for the offences punishable under Ss. 452, 354-A, 506, 342 of the Indian Penal Code and Sec. 3(1)(r), 3(1)(s), 3(1)(w)(i) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter "SC and ST Act").

(2.) The respondent No. 3 lodged the First Information Report with an initial version about the applicant having entered her house surreptitiously on 23/3/2021 at 10.00 pm and molested her. It is alleged that threatening her not to disclose the incident to anybody, he left the premises by bolting the house from outside. She approached the police and lodged the First Information Report on 24/3/2021 and initially, the offence was registered under Ss. 452, 354(A) and 506 of the Indian Penal Code. The investigation proceeded. A panchanama was drawn.

(3.) On 29/3/2021, a supplementary statement of the respondent No. 3 was recorded wherein she inter alia stated that though she had stated her caste to be Koli while lodging the First Information Report, infact, she belonged to Mahadev Koli Scheduled Caste and by annexing a copy of the school record, she tried to improvise. Based on her such statement, the offence punishable under Sec. 342 of the Indian Penal Code as also the aforementioned offence under the SC and ST Act were added.