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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Sajjan Hirchand Gusinge – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
1. . Admit.
2. Present appeal has been filed by the appellant under Sec. 14-A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Atrocities Act") to challenge the order of rejection of his bail application under Sec. 438 of the Code of Criminal Procedure by learned Special Judge, under the Atrocities Act, Aurangabad in Bail Application No.2100 of 2022 on 4/11/2022.
3. Respondent No.2 is the original informant, who has filed FIR vide Crime No.161 of 2022 with Vedant Nagar Police Station, District Aurangabad for the offences punishable under Ss. 376, 313, 323, 506 of Indian Penal Code and under Ss. 3(1)(r), 3(1)(s), 3(2), 3(2) (va) of the Atrocities Act on 20/10/2022 contending that during the period 27/7/2020 to 22/4/2022, the present appellant has committed sexual intercourse with the informant by giving promise to marry and also caused abortion of the informant, though the appellant was knowing that she is a member of Scheduled Caste and in March 2022, the appellant had abused her in the name of caste.
4. The learned Special Judge under the Atrocities Act has rejected the application on the ground that it is bar
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.
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 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 that victims of crimes under the Atrocities Act have a statutory right to be notified and heard in bail proceedings, reinforcing the importance of their participation in the cri....
The court emphasized the importance of following the mandatory requirements under Sec. 15-A of the Atrocities Act, which safeguards the rights of victims of caste-based atrocities and witnesses, incl....
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