Wednesday, December 6, 2023

Bombay High Court refuses to quash FIR against physically-challenged person for outraging modesty of woman

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The Bombay High Court has dismissed a petition filed by a physically-challenged person, seeking quashing of the FIR registered in Mumbra Police Station for the alleged offences punishable under Sections 354 (Assault or criminal force to outrage modesty), 354-D (stalking), 342 (wrongful confinement) and 506 (criminal intimidation) of the Indian Penal Code.

According to the respondent no 3 (original complainant), the incident took place in March 2021, when she had gone to Amrut Nagar, Kausa, Mumbra for purchasing vegetables. She has alleged that the petitioner held her hand, disclosed his name.

The respondent no 3 has further alleged that whenever she went out to the market, the petitioner met and stopped her. She has stated that she ignored the petitioner, however, the petitioner followed her till her house. She has stated that as she was scared, she did not disclose the incident to her family.

The respondent no 3 has further alleged that in June, 2021, when she had gone to Tanwar Nagar, Kausa, Mumbra, the petitioner opened the car door and tried to pull her inside the car, molested her and also threatened to kill her, if she disclosed the incident to anyone.

The Bench of Justice Revati Mohite Dere and Justice S.M. Modak held that prima facie, the allegations disclose the commission of an offence as alleged by respondent no 3.

“Although, the learned counsel for the petitioner submitted that it is a false and fabricated FIR and that the present complaint has been lodged malafidely, and that, no such incident had taken place, the petitioner being a handicapped person and as such, could not have pulled her in the car as alleged, we are of the opinion, that this is the defence of the petitioner, which will be considered by the trial court, at the time of trial,” observed the Court, while dismissing the petition.

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