The Bombay High Court quashed SC/ST Act charges for most accused, citing lack of evidence, while upholding IPC charges of simple hurt and criminal intimidation for four individuals involved in the case.
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- The plea concerning the mother of the main accused was withdrawn in 2023.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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