FIROZ SALIM SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Sec. 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989 (for short 'SC and ST Act '). The Appellant has challenged the order dated 2 nd March, 2023 passed by learned Additional Sessions Judge, Kalyan rejecting the application for anticipatory bail. The Appellant is apprehending arrest in C.R. No. 2 of 2023 registered with Kasara Police Station under Ss. 354 , 504 and 506 of Indian Penal Code (for short ' IPC ') and Sec. 3(1)(r)(s) and 3(2)(Va) of SC and ST Act .

(2.) The brief facts of the prosecution case are as under :- The complainant belongs to Adivasi tribe. Her husband had expired in 2020 due to illness. Since last six months she had been doing work of washing utensils in the hotel. Smt. Janaki Dhapte is also working in the said hotel. The Appellant used to visit the plea of their work under the influence of liquor and abuse them without any reason. On 8/1/2023 when the complainant and Janaki Dhapte were doing work at the hotel, the Appellant came their there under the influence of liquor and abused them on the basis of their caste by referring to them as Adivasi Thakar and told them that if they come for work they would be disrobed and thereby outraged their modesty. The complainant informed about the incident to respected person from village and lodged the complaint on 9/1/2023.

(3.) Learned Advocate of the Appellant submitted that the Appellant has been falsely implicated in this case. The First Information Report (for short 'FIR') has been registered on account of political rivalry. The complainant has stated that she had approached persons from village and than lodged FIR. Another FIR was also registered against the Appellant with the same Police Station vide C.R. No.3 of 2023. It is submitted that there is political rivalry between the Appellant and lady namely Janaki Dhapte who is a common factor in registering both the FIRs. The incident has not occurred within public view. That reading the FIR it can be seen that the offence under the Atrocities Act is not made out. The Accused had allegedly referred to the caste of the complainant and Janaki. There is no demean intention to the community. The bar under Sec. 18 of the Act would not be attract.