LAWS(BOM)-2006-8-231

AJIT BALRAM RAUT Vs. STATE OF MAHARASHTRA

Decided On August 16, 2006
Ajit Balram Raut Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD Mr.Patil for applicant and Mr.Pednekar, learned A.P.P. for State. Statement of complainant is recorded on 7th July 2006.

(2.) APPLICANT is apprehending arrest in connection with C.R.No.16 of 2006 registered with Alibag police station for offences punishable under section 323, 504 of I.P.C. and Section 3(1)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short Atrocities Act).

(3.) LEARNED A.P.P. could not dispute that in the present case, in the statement, the complainant has not referred to his caste. On the other hand, reliance is sought to be placed upon the utterances of the applicant. However, considering the law laid down by this Court in the decision reported in 2005 All.M.R. (Crime) 2602, that would not meet the mandatory pre-requisite prescribed by law.