AFSHAMASKAR LAIKKHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants, in the present matter, are arrayed as accused in First Information Report No. 0309 of 2022 registered with Shivaji Nagar Police Station, District Latur on 12/7/2022 for the offences punishable under Sec. 376, 376(2) (n), 323, 504, 506 read with Sec. 34 of the Indian Penal Code and under Ss. 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989. (hereinafter referred to as 'IPC' and 'Atrocities' Act, respectively, for the sake of brevity).

(2.) The principal accused in the matter is one Arafat Laikhkan Pathan against whom allegations in relation to Sec. 376 and 376(2)(n) of the IPC are leveled. The present applicants are relatives of accused No.1 Arafat. The allegations against them are pertaining to Sec. 323, 504 and 506 of the IPC and Sec. 3(1)(r), 3(1) (s) and 3(2)(va) of the Atrocities Act.

(3.) Respondent No.2 is the informant. She has alleged that she was running a garment shop in shop No. A-6 which was taken on rent from applicant No.7 (Dr. Khayyum Pathan). The adjoining shop was being run by accused No.1. She claims that over a period of time, she developed a relationship and bonding with accused No.1, who had promised to marry her and upon such promise had established physical relations with her and had repeated encounters of sexual intercourse with her, although, she opposed the same. She claims that she had also converted to Muslim religion in order to marry accused No.1. (She has qualified this statement in her supplementary statement saying that she intended to convert after marriage, however, all formalities were not completed). She then claims that accused No.1 got engaged with another lady and was about to marry her. She claims that on account of engagement of accused No.1 with another girl, there was discord in between her and accused No.1.