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 Court on 06.12.2022, whereas the appellant in Criminal Appeal No.946 of 2022 had filed bail application under Section 438 of the Code of Criminal Procedure before the same Court vide Bail Petition No.1961 of 2022 and the same Court has rejected the bail application on the same date i.e. 06.12.2022. Hence, all these appeals.

3. Heard learned Advocate Mr. S.R. Andhale for the appellants in Criminal Appeal No.119 of 2023 and Criminal Appeal No.974 of 2022, learned Advocate Mr. Mazhar A. Jahagirdar for appellants in Criminal Appeal No.946 of 2022, learned APP Mrs. V.S. Choudhari for respondent – State and Investigating Officer in all the appeals. Notice was issued to the respondent – original informant. She was served, however, failed to cause appearance and, therefore, learned Advocate Mrs. Rani R. Tandale was appointed as amicus curiae in all the matters to represent the original informant – prosecutrix. She has also been heard.

4. It has been vehemently submitted on behalf of the appellants that initially the informant had lodged the FIR on 25.11.2022 for the offence punishable under Sections 498-A, 323, 504 of Indian Penal Code only and it was only against original accused No.1 Rijwan, who is appellant in Criminal Appeal No.119 of 2023, however, on the next day i.e. 26.11.2022, her supplementary statement has been recorded. On the basis of the same, the other Sections came to be added. Therefore, as on today, it will have to be considered as to whether the supplementary statement, which has drastically changed the story, can be treated as FIR as contemplated under Section 154 of the Code of Criminal Procedure. Even if the things are taken as it is, now the investigation is over and charge-sheet is filed before the learned Special Judge, under the Atrocities Act, Ahmednagar on 24.01.2023. The appellants in Criminal Appeal Nos.946 of 2022 and 974 of 2022 have been released on interim bail by this Court and they have not misused the liberty granted to them. In her supplementary statement also, no specific case is made out against the other two appellants i.e. Almas and Pappu @ Irfan. They being the relatives of husband of the informant have been implicated. Those two appellants were never staying together with the informant and Rijwan. In her supplementary statement, the informant had stated that she is member of Scheduled Caste. She had developed acquaintance with Rizwan in 2018. She says that they started talking with each other and thereafter, after some days they developed love. They used to meet each other. Even on one day Rijwan had asked her about her caste and then at that time she had told her caste to him. He told that though she is a member of Scheduled Caste, he loves her and he is ready to marry her. She gave consent for the marriage, but the