SAU ANURADHA R KSHIRSAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) TWO complainants have come up in appeal against the order of acquittal passed by the Additional Sessions Judge, Akola on 31-1-1986 in Criminal Appeal No. 149 of 1984.

(2.) THE facts giving rise to this prosecution may be briefly stated as follows : Mrs. Anuradha R. Kshirsagar and Mrs. Malti Madhao Pawade (the complainants in Criminal Case No. l1 of 1983 and No. 12 of 1983 before the Judicial Magistrate, First Class, Akola) along with other ladies were the teachers working under the Zilla Parishad, Akola On 30th October, 1982 a meeting of all the teachers, including the lady teachers was convened at about 11 a. m. by the Assistant Education officer Mrs. Kamal Gadekar. While this meeting was going on and while Mrs. Gadekar was addressing the meeting, the accused Madhukar Mehadeorao More was standing outside the door of the hall. It is alleged that a request was made by him to the chair for permission to address the meeting, but this request was not accepted. It is alleged that the accused wanted the lady teachers sitting inside the hall to come outside the hall so that the meeting could not continue, but when he found the lady teachers not leaving their seats, he uttered the words.

(3.) THE orders of conviction and sentence in both the cases (in Criminal Case No. 11 and 12 of 1983) were challenged by the accused in Criminal Appeal No. 149 of 1984. The learned Additional Sessions Judge, who heard both the parties came to the conclusion that the words uttered by the accused do not make out an offence punishable under section 509 of the Indian Penal Code. He, therefore, quashed the order of conviction and sentence passed by the Magistrate, allowed the appeal and acquitted the accused in both the cases. This order of acquittal has been challenged in this appeal.