SUDHAKAR JANGLUJI SAWARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application is preferred by the applicant for quashing of the First Information Report in connection with Crime No.11/2021, registered with Police Station Jalalkheda, District Nagpur, for the offence punishable under Ss. 354A, 354-A(2), 354-A(3) of the Indian Penal Code and the consequent proceeding arising out of the same bearing Charge-sheet No.61/2024 pending before the Special Magistrate, District and Sessions, Court, Nagpur.

(2.) The crime is registered on the basis of a report lodged by the informant on an allegations that she is residing along with her husband, four children and in-laws and doing the agricultural work. On 12/1/2021 when she was proceeding towards her agricultural field the present applicant restrained her and told her that he is also proceeding towards the agricultural field and insisted her to sit on his two-wheeler vehicle. She further alleged that when she get down from the vehicle near her agricultural field, the applicant followed her, hold her hand and asked sexual favours from her and outrage her modesty. On the basis of the said report Police have registered the crime against the present applicant.

(3.) Heard learned counsel for the applicant, who submitted that the applicant is aged 72 years old man at the relevant time. There was some monetary transaction between applicant and non-applicant No.2 and due to that there was a dispute and, therefore, he his implicated on the basis of false and baseless allegations. He invited our attention towards various statements of the witnesses and even the statement of the informant and submitted that the statement itself shows that she willingly sat on the scooter of the present applicant and the applicant has dropped her at the agricultural field. She has not disclosed the incident immediately. She has not made any hue and cry. There is no such displeasure as to the act of the present applicant. He submitted that the statements of the witnesses who were present in the adjoining field also not support the case of the prosecution. Thus, no purpose would be served by forcing the present applicant to face the trial. In view of that, the application deserves to be allowed. He further submitted that even accepting the allegations as it is the offence of outraging of modesty is not made out, as there is nothing on record to show that there was a sexual intent on the part of the present applicant. In view of that, the application deserves to be allowed.