SUHASINI BABAN KATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The alleged incident in which the petitioner herein made certain utterances directed against the Sub-Inspector of Police has landed in difficulty giving rise to this proceeding. It occurred on April 3, 1981 some time in the evening. The petitioner resides in Mohite Colony in Kadamwadi in Karvir taluka of Kolhapur district. The complainant Sub-Inspector Shinde who has in charge of the Cell dealing with the offences under the Protection of Civil Rights Act also resided in the said Colony at the relevant time as he was in charge of that village. Apparently, a minor quarrel ensued on account of the petitioners going on public road for throwing the rubbish to which the complainant Sub-Inspector objected. The petitioner paid no heed and it is at that point of time she is claimed to have abused the Sub-Inspector communicating to him that he is cobbler by caste and he should leave the locality immediately as all the residents belong to Maratha Community. The complainant lodged the first information report at Shahupuri Police Station and ultimately the petitioner was charge-sheeted in the Court of the trial Magistrate under section 7(1)(d) of the Protection of Civil Rights Act on the allegation that she insulted the complainant Sub-Inspector on the ground of untouchability.

(2.) Complete denial of allegations is the defence taken by the petitioner in the trial Court. According to her, she had refused to oblige the complainant by lending an Auto-Rickshaw and, therefore, the Sub-Inspector has animosity against her.

(3.) The learned trial Magistrate of evidence accepted the complainants case who was supported by the evidence of his son Baban and witness Babasaheb Patil and finding her guilty of the said charge sentenced her to suffer R.I. for one month and to pay a fine of Rs. 100/- in default to suffer further R.I. for one month.