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VIBHA KANKANWADI, Y. G. KHOBRAGADE
Rijwan S/o. Karim Shaikh – Appellant
Versus
State of Maharashtra, Through the Superintendent of Police, Ahmednagar – Respondent
JUDGMENT :
Admit.
2. All the three appeals have been filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “Atrocities Act”). All the appellants are accused in Crime No.950 of 2022 registered with Kotwali Police Station, Dist. Ahmednagar for the offences punishable under Sections 498-A, 323, 504, 376(2)(n), 377, 417, 328, 313, 506 read with Section 34 of Indian Penal Code, under Section 3(1)(r), 3(10(s), 3(2)(va) 3(1)(w)(i), 3(1)(w)(ii) of the Atrocities Act. The said offence came to be registered on the basis of first information report lodged by present respondent No.2 in all the appeals. The appellant in Criminal Appeal No.119 of 2023 had filed bail application under Section 439 of the Code of Criminal Procedure before the learned Special Judge, under the Atrocities Act/Additional Sessions Judge, Court No.3, Ahmednagar bearing Bail Petition No.1974 of 2022. It came to be rejected on 06.12.2022. The appellant in Criminal Appeal No.974 of 2022 had filed bail application under Section 438 of the Code of Criminal Procedure by filing Bail Petition No.1967 of 2022. It came to be rejected by the same
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 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....
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.
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 court emphasized that for offences under the Atrocities Act, the alleged insult must occur in public view, which was not established in this case.
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