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2008 Supreme(Bom) 1005

V.K.TAHILRAMANI
Shashikant Ramhari Tambe – Appellant
Versus
Shashikant Ramhari Tambe – Respondent


Advocates appeared
Mr. Jaydeep D. Mane, Adv. for the Applicants.
Mr. H.J. Dedia, APP, for the State.

Judgment

1. Heard the learned Advocate for the applicants and the learned APP for the State.

2. The applicant are seeking anticipatory bail in C.R.No.78 of 2008 of Kurduwadi police station. The said case is under Sections 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

3. The case of the complainant is that on 19.5.2008 at about 2:00 p.m. one Sou.Prabhavati Tambe came and abused her with reference to her caste. Thereafter she went away. Thereafter at 6:30 p.m., seven persons including the applicants came to the field of the complainant and from a distance, all of them abused her with reference to her caste. It is also stated that one other accused Hanumant assaulted her at that time. No injury certificate has been produced by the prosecution.

4. The FIR has been lodged on 27.5.2008 i.e. one week after the incident. There is inordinate delay in lodging the FIR. No explanation for the delay has been given by the complainant. This delay raises grave doubt in the mind regarding the veracity of the complainant. Moreover, on perusal of the complaint, it is seen that the complainant has made general allegations against all the seven accused persons that the




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