STATE OF MAHARASHTRA Vs. KANU DHARMA PATIL

JUDGEMENT

(1.) This is an appeal by the State against the order of acquittal passed by the learned Judicial Magistrate, First Class, Murud, in favour of the respondent Kanu Dharma Patil.

(2.) The case against the respondent was that he had committed an offence punishable under Section 4, Bombay Harijan Temple Entry Act, 1947, in that he had prevented Chintu Rama Ambedkar, a Harijan boy, from entering the temple of Shri Bhairi at Waral on 2-5-1953. The accused denied the charge. The learned Magistrate took the view that the charge brought against the accused had not been proved beyond a reasonable doubt. That is why he acquitted the accused of the offence charged. It is this order of acquittal which is challenged before us by Mr. Chandrachud on behalf of the State. It is hardly necessary to begin the judgment with the statement of the law which governs our powers as a Court of appeal in dealing with orders of acquittals. It is now well settled that ordinarily this Court would not be justified in interfering with an order of acquittal unless there are substantial and compelling reasons so to do. Mr. Desai for the accused has strongly relied on this principle and has urged that, whether or not we agree with the view taken by the learned Magistrate on appreciating, we should not interfere with his conclusion unless the test laid down by the Supreme Court in that behalf is really satisfied. Mr. Desai is undoubtedly entitled to raise this point and we would interfere with the order of acquittal in the present case only if and after we are satisfied that there are substantial and compelling reasons so to do.

(3.) The facts leading to the present case are very few and most of them are in the last analysis a matter of common ground. The dispute centres within very narrow limits and it is the decision of the dispute which lies within these narrow limits that will determine the fate of this appeal. Chintu is a young lad of 16 years belonging to the Harijan community. He studies in the Sardar High School at Khetwadi in Bombay. His father is employed as a sweeper by the Bombay Municipal Corporation. On 10-4-1953, Chintu and his family had gone to Waral for change of climate as Chintu's mother was ill. His mother improved and so naturally Chintu thought of. offering cocoanut to the goddess of the village. It was with this object that Chintu got up early on 2-5-1953, and, along with his friend Mahadeo Goregaonkar, went to the temple of Shri Bhairi to offer one cocoanut. As the two boys reached the temple, Mahadeo had not the courage to step inside the temple. Chintu however who has been receiving education in Bombay is slightly conscious of his rights guaranteed to him by the Constitution of his country. He, therefore, entered the temple with a cocoanut. At this time, the accused was worshipping the idol. Chintu stood near the gateway with the cocoanut in his hands. After some time, the accused turned round and saw Chintu. He enquired who Chintu was, and when he was told that he belonged to the Chambhar community, the accused at once shouted "Get out". Chintu was naturally frightened and so he ran, out of the temple with the cocoanut in his hands. As he stepped out from the temple, the accused followed him, stood on the steps of the temple, and cried and shouted: "Come on, run on, why are you sitting in the bouses? The Chambhar boy has polluted the temple." Thereupon Jayawant Bala Patil came on the scene first. Then the father of the accused, Dharma Patil, also came there. Jayawant enquired from Chintu what had happened and Chintu told him that he had gone into the temple with a cocoanut in his hand as he was in the habit of doing at Bombay and that he was asked to get out by the accused and so he ran out. Jayawant then took the cocoanut from the hand of Chintu and asked him to come in the evening. These shortly stated are the material facts on which the accused is charged under Section 4 of the Act.