RAHUL BABAN ZAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants/original accused Nos. 1, 7 and 18 in Crime No. 0698 of 2024, registered with Tophkhana Police Station, Ahmednagar, on 7/6/2024, have invoked the jurisdiction of this Court under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and takes exception to the judgment and order dtd. 1/7/2024 below Exh.1 in Criminal Bail Application No.811 of 2024, passed by the learned Additional Sessions Judge and Special Court under the Atrocities Act, thereby declined to enlarge the present appellants/accused on pre-arrest bail.

(2.) It is the case of prosecution that, on 7/6/2024, the respondent No.3 / informant lodged a report with Tophkhana Police Station alleging that, she is residing with her husband and in-laws, jointly. Her husband is an agriculturist by profession. By caste, she is 'Hindu Mahar', which is recognised as Scheduled Cast. Her husband is belong to Hindu Maratha caste. Prior to two years, she performed inter-caste marriage out of love affairs. On 6/6/2024, at about 11.30 a.m. to 12.00 noon, when she was standing in front of her house and her husband was inside the house. At that time 3 - 4 four- wheelers came in front of her house and stopped. Thereafter total 24 persons including the present appellants/original accused Nos. 1, 7 and 18 alighted from those vehicles and visited her. At that time, accused No.1/present appellant No.1 Rahul Baban Zaware abused her on her caste and asked whereabout her husband. Further, accused No.1/present appellant No.1 Rahul Baban Zaware told her that her second husband now became the Member of Parliament and asked her to return the 'Mangalsutra'. Therefore, she asked the present petitioner No.1/accused No.1, not to abuse her on the basis of her caste but the present petitioner No.1 abused her in her cast and torned her dress and outraged her modesty. Not only this but the petitioner No.1 gave kick on her stomach, therefore, she fell down. It is further alleged that, the present appellant No.3 / accused No.18 Mr. Dipak Dnyandev Lanke and accused No.7 / present appellant No.2 Sandip Laxman Choudhari also abused her on her caste and Other accused persons were holding weapons like sickle and wooden logs. On the basis of said report Crime No. 0698 of 2024, registered against the present appellants/accused as well as others for the offence punishable under Ss. 354-A, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code and under Ss. 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Sec. 37(1), 37(3) and 135 of the Maharashtra Police Act.

(3.) The learned counsel for the appellants submit that, the present appellants have falsely implicated in the present crime. They are innocent and they were not present at the spot of incident as alleged in the F.I.R. On contrary, on 6/6/2024, the appellant No.1 lodged a F.I.R. No.0414 of 2024 with Parner Police Station against the husband of present respondent No.3/informant in respect of the incident occurred on 6/6/2024 at about 12.00 p.m., when appellant No.1 accused had visited in his Maruti Swift car at Ambedkar square, Parner, at that time two unknown persons on two wheeler came in front of his car and stopped his car. Thereafter all of sudden one Shri Vijay Auti and Ritesh Panmand climbed on the bonnet of his car and broken front glass of the car. So also, they abused him in filthy language on account of insult on the day of election. Therefore, the learned counsel for the appellants submit that, respondent No.3 lodged a false F.I.R. against the present appellants and the appellants are falsely implicated in Crime No.0698 of 2024, registered with Tophkhana Police Station.