Bombay High Court: Limited Evidence Invalidates SC/ST Act Charges in Complex Case

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The Bombay High Court recently quashed certain charges under the SC/ST Act while upholding others in a case where a Hindu woman accused her former partner and his relatives of caste-based abuse and physical assault. The case also included charges of rape against the primary accused, who allegedly reneged on a promise to marry the complainant and later got engaged to another woman.

Background of the Case

• The complainant, a Hindu woman running a garment shop, alleged that the man she was in a relationship with promised marriage but later became engaged to another woman.
• She claimed that the man’s relatives hurled caste-based insults and physically assaulted her.
• Based on her complaint, a rape case was registered against the main accused, and charges under the SC/ST Act were filed against his relatives.

Court's Observations

• The case was reviewed for nine individuals connected to the primary accused.
• The Court analyzed the allegations in light of the Indian Penal Code (IPC) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act).

Charges Against Four Accused Upheld

• The allegations against the accused’s sister, brother-in-law, cousin, and friend included caste-related abuses and physical assault.
• However, the Court noted that the SC/ST Act charges could not be upheld as the incident did not occur in public view.
• The Court upheld charges of simple hurt and criminal intimidation under Sections 504 and 506 of the IPC for these individuals.
  • "There are clear and consistent allegations against applicant Nos. 1 to 4 that they had beaten and caused simple hurt to the respondent No. 2 during the alleged incident on 01.07.2022," the Court observed.

Charges Against Four Other Accused Quashed

• The Court quashed the case entirely against four other accused, finding no substantial material against two of them.
• For the accused’s grandfather, the Court found no legally admissible evidence or material that could support a trial.
• Charges against the father of the woman engaged to the accused were also dismissed, with the Court noting that the allegations should be "taken with a pinch of salt."

Withdrawal of Plea by Accused’s Mother

• The plea concerning the mother of the main accused was withdrawn in 2023.

Legal Representation

• Advocates Rohit Patwardhan and S.S. Jadhav represented the accused.
• Additional Public Prosecutor A.D. Wange appeared for the State.
• Advocate Harshal P. Randhir appeared for the complainant.

Court's Decision

• SC/ST Act Charges: Quashed against most accused due to lack of public view and evidence but upheld for four individuals with specific allegations of physical assault.
• IPC Charges: Sections 504 (intentional insult) and 506 (criminal intimidation) were upheld against the accused who allegedly caused simple hurt.

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