SHILANATH R. TIWARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal u/s.14A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act challenging the order dated 27 th March 2023 passed by Additional Sessions Judge, Thane below Exhibit-1 in Criminal Bail Application No.766 of 2023 rejecting the application for anticipatory bail.

(2.) Appellant is apprehending arrest in C.R No.I-48 of 2023 registered with Shreenagar Police Station, Thane for offences under Ss. 354 , 354A of IPC and u/s.3(1)(w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'Atrocities Act').

(3.) The prosecution case is that complainant belongs to Scheduled Caste and she was employed at Smart Pvt.Limited, a security agency as a Security Guard and was stationed at Centram Building, I.T.Park, Wagale Estate, Thane where appellant was employed as Security Manager. During the course of her duties appellant used to harass her and make comments against her. On 29/1/2023 while complainant was proceeding towards staff room, the accused approached her when she was on staircase accused touched the logo on security guard dress situated on her chest and told her to keep the logo clean and outraged her modesty. He also demanded sexual favour and threatened her that she would be removed from job. On 30/1/2023 the complainant had quarrel with staff and there was exchange of words between them. In the afternoon at the instance of accused, she was told by area manager to give written note about the incident. She wrote about it on paper and gave it to Area Manager. In the evening the accused called her in staff room and other staff were asked to leave the room. He made inquiry about the incident with her and told her to obey his instructions. In the evening she was informed that she has been removed from job.