State of Maharashtra vs Jomesh Kana Thakur

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 2254

S. M. MODAK
State of Maharashtra – Appellant
Versus
Jomesh Kana Thakur – Respondent

Advocates appeared:
Y.Y.Dabke, Advocate, Pravin B.Gole, Advocate, Pradeep Patil, Advocate, Nitesh P.Hinduja, Advocate

JUDGMENT/ORDER

1. Heard learned APP for the Appellant-State, learned Advocate for Respondent-accused and learned Advocate for the complainant and victim.

2. In fact, in this Appeal learned APP Shri Dabke and learned Advocate Shri Gole for the Respondents-accused have almost completed their arguments. At the fag end, Mr. Dabke pointed out that as per amendment by way of Sec. 15-A (2) of the Scheduled Castes and the Schedules Tribes (Prevention of Atrocities) Act, 1989, the victim needs to be heard.

3. In this case, Kiran Ram Kamble-first informant, and her Maternal Aunt-Shobha Mukund Gaikwad are the victims. Hence, notice was issued to them. Though served, they have not appeared through their Advocate. Hence, as per request made, learned Secretary of the High Court Legal Committee has appointed Advocate Mr. Nitesh Hinduja to represent them. Accordingly, I have heard him and then closed matter for order.

4. The Court of Additional Sessions Judge, Raigad, Alibag acquitted both the Respondents for the offences punishable under Sec. 504, 506 read with Sec. 34 of IPC and under Sec. 3(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, as per judgment