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2020 Supreme(Bom) 76
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
K.R. SHRIRAM, J.
The State of Maharashtra – Appellant
Versus
Mohammad Isaq Mohammad Ansari - Respondent
Criminal Appeal No. 961 of 2003
Decided on : 07-02-2020
For the Appellant : Pallavi Dabholkar
For the Respondent:Tahera R. Qureshi, Dipali Tupe, Advocates.
The judgment emphasizes the need for substantial and compelling reasons to disturb an acquittal, the importance of independent corroboration, and the requirement for evidence to prove the accused's knowledge of the victim's caste in cases under the SC and ST Act.
Headnote:
Acquittal - Offences under SC and ST Act, IPC - Section 3 (1) (xi), Section 354, Section 341 of SC and ST Act, IPC - [Summary of the acts and sections referenced and discussed by the court]
Fact of the Case:
The case involves an appeal against the acquittal of the accused for offences under the SC and ST Act and IPC. The complainant, a 12-year-old girl, alleged that the accused inappropriately touched her in a telephone booth. The prosecution's case relied heavily on the complainant's testimony.
Finding of the Court:
The court found contradictions and inconsistencies in the prosecution's case, including the lack of independent corroboration to the complainant's evidence. The court also noted that the prosecution failed to produce a key witness, and the complainant's testimony was not entirely reliable.
Issues: The issues revolved around the reliability of the complainant's testimony, the lack of independent corroboration, and the failure to produce a key witness. The court also considered the applicability of the SC and ST Act and IPC provisions to the case.
Ratio Decidendi: The court emphasized the need for substantial and compelling reasons to disturb an acquittal, the importance of independent corroboration, and the requirement for evidence to prove the accused's knowledge of the victim's caste in cases under the SC and ST Act.
Final Decision: The court dismissed the appeal, upholding the trial court's acquittal of the accused.
JUDGMENT :
1. This is an appeal impugning an order and judgment dated 17th March 2003 passed by the 10th Additional Sessions Judge, Pune, acquitting accused of offences punishable under Section 3 (1) (xi) (assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC and ST Act) and under Section 354 (Assault or criminal force to woman with intent to outrage her modesty) and 341 (Punishment for wrongful restraint) of the Indian Penal Code (IPC).
2. Pursuant to notice issued by this Court in accordance with order dated 3rd September 2019, complainant (PW-1) – Dipali Tupe, is present in Court. PW-1 was asked, on the Court’s request, by the learned APP whether she wants to engage another lawyer to represent her. Learned APP informed that PW-1 stated that she does not want to be independently represented.
3. The case of the prosecution in brief is that the complainant Dipali Sanjay Tupe (PW-1), who was at the relevant time, i.e., 27th November 1999, of 12 years of age, was residing at 853, Bhavani Peth with her mother, two brothers, two sisters and grandmother Sita Tupe, who is PW-2. PW-1’s father had died two years before the incident. Mother of PW-1 is working as a maid. In November 1999, PW-1 was studying in 6th grade in a primary school. Accused was running a STD booth opposite the house of PW-1 (complainant). PW-1 used to go regularly to the said STD booth to make phone calls. On the fateful night of 27th November 1999 at about 8.30 p.m. complainant went to the STD booth of accused to make phone call to her cousin sister Shital Tupe. PW-1 used the telephone instrument in the telephone booth. When PW-1 dialed the number of Shital, there was no response and the phone kept ringing. The line got disconnected. Accused then entered the phone booth/cabin and dialed the number of Shital, which was given by complainant and handed over the phone to PW-1. PW-1 found the phone ringing but there was no response. At that time, it is alleged, as complainant was trying to go out of the cabin, accused inappropriately touched her on various parts of her body. It is stated by the prosecution that complainant, when she went to make the phone call, she was accompanied by her friend, who was also around 12 years of age – Rani Waghmare and Rani Waghmare was her neighbor. The FIR says Rani Waghmare was witness to the incident. After the incident, complainant and Rani Waghmare were going home and complainant was weeping. They happened to meet complainant’s grandmother (PW-2) in the lane and PW-2 asked PW-1 why she was weeping and PW-1 narrated the incident. PW-2, therefore, took complainant to Sant Kabir Police Chowky, which is under Samarth Police Station and complaint was lodged. In the FIR, there is a statement that accused knew complainant belonged to Matang caste.
4. After investigation by PW-7 - P.S.I. Rajendra Haribhau Bahirat, further investigation was handed over to A.C.P. Bhaurao Manga Wadile (PW-6). PW-6 recorded statements of witnesses, conducted spot panchnama and also obtained medical certificate of complainant. On 29th November 1999 PW-6 recorded further statements of witnesses and also verified the caste of accused. After completion of investigation, chargesheet was submitted. Accused pleaded not guilty and claimed to be tried. In his statement under Section 313 of the Code of Criminal Procedure, accused denied all allegations and has also added that on the fateful night he was actually assaulted by five or six boys who came to his STD booth and made phone calls to somebody and when he demanded payment for the phone calls, they beat him up. Accused then went to Police Chowky and Police referred him to Sassoon Hospital for medical examination. But when accused returned to the Police Chowky, he was arrested. According to accused, the case made out by the prosecution is false.
After c
