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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Yogesh Laxman Pandav – Appellant
Versus
State of Maharashtra, Through it’s Investigation Officer, Pathardi Police Station, Tq. Newasa, Dist. Ahmednagar – Respondent
JUDGMENT :
[Vibha Kankanwadi, J.]
1. Since the arguable points are made appeal is admitted.
2. Present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocities Act”) by the original accused persons challenging order dated 09.11.2022 passed by learned Additional Sessions Judge, Newasa/Special Judge under S.C. & S.T. Act in Criminal Bail Application No.399/2022, thereby rejecting the application filed under Section 438 of the Code of Criminal Procedure, 1973 by the appellants.
3. Heard learned Advocate Mr. N.B. Narwade for appellants, learned APP Mr. A.M. Phule for respondent No.1 and learned Advocate Mr. S.D. Kotkar for respondent No.2.
4. It has been vehemently submitted on behalf of the appellants that perusal of the First Information Report would show that the informant is the neighbour and she alleges that the appellant No.1 used to see towards her with ill eye or in such a manner which would outrage her modesty. But, at the same time, she says that she used to ignore the act of the appellant No.1. She found the appellant No.1 taking shooting from his mobile standing outside
The consensual nature of a relationship and the requirement for evidence in cases involving allegations of atrocities under the Atrocities Act.
The consensual nature of a relationship and the need to protect the identity of the victim in cases under Section 376 of the Indian Penal Code.
The main legal point established in the judgment is the importance of a thorough investigation, consideration of the accused's criminal antecedents, and the applicability of bail in heinous crimes.
The court emphasized that for offences under the Atrocities Act, the alleged insult must occur in public view, which was not established in this case.
The court clarified that for offences under the Atrocities Act, allegations must occur in public view, and prosecution can be quashed in part based on the sufficiency of evidence.
The central legal point established in the judgment is the significance of the love relationship between the parties, the absence of caste or community barriers, and the lack of evidence supporting t....
The main legal point established is the need for discretion in considering bail applications under the Atrocities Act and the requirement to segregate the acts of each accused before concluding their....
The court established the principle that the ingredients of the offenses under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act must be clearly established and supported by ev....
Anticipatory bail can be granted in offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1985 where prima facie offence under Atrocities Act are not made out.
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