KAVITA SHIVAJI NIKAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, preferred under Sec. 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the appellant seeks his enlargement on bail in connection with C.R. No. 390 of 2023, registered with the Baramati City Police Station, District Pune, for the alleged offences punishable under Ss. 376, 376(D) , 294, 354(A), 420, 504, 506, 34 of the Indian Penal Code and under Sec. 3(1)(r), (s), (w) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'SC/ ST Act ') and under Sec. 7(1)(d) of the Protection of Civil Rights Act.

(2.) Learned counsel for the appellant submits that the allegation as against the appellant are false and baseless and arise out of a Criminal Case filed by the respondent no. 2, being CR No. 442 of 2018 with the Baramati Police Station. He submits that there is an allegation of sexual assault on 19/8/2021. He submits that a perusal of the FIR would show that there is no date/month, with respect to the alleged act of hurling of casteist abuse by the appellant at the respondent no. 2. He submits that the said allegations are of the year 2021, whereas the FIR was lodged only in 2023. He further submits that even the second allegation of hurling casteist abuse as against respondent no.2 cannot be believed, in as much as, all the accused in a chorus are alleged to have uttered the said abuse.

(3.) He further submits that the appellant is the wife of Shivaji Nikam, who was attached to Baramati Police Station, when the respondent no. 2 had lodged an FIR in 2018. He submits that hence, the appellant got acquainted with the respondent no. 2 when he was attached to Baramati Police Station, Pune.