Aastha Thakur
Published on: 30 October 2022 at 10:01 IST
The High Court of Bombay dismissed the quashing of a FIR registered against a disabled person alleged to have done offences of molest and intimidate the woman. [Yusuf Afroz Yusha Hussaini Sayyed v. State of Maharashtra & Ors.]
The two-judge bench comprising of Justices Revati Mohite Dere and SM Modak noted that the argument by defense counsel regarding accused handicap could be taken into consideration by the trial court.
The bench observed that, “Considering what is stated aforesaid, this is not a fit case to exercise our extraordinary jurisdiction nor inherent jurisdiction for quashing the case”
The case filed by the victim women were that in March, 2021, she was on her way to market and the accused held her hand. He declared his likeness and also threaten to come with him. Specific statements were as given, “tu mujhe bohot pasand hai, mere saath chale gi kya, mai tumhe khush kar dunga (I like you, come with me, I will make you happy)”.
It was not a single instance, after this accused started following her wherever she goes and then follow her back to her home.
The girl also alleged that he insisted her to give her personal number so that he could call and invite her.
He persistently said things like, “Ek baar mere saath chalo, agar tumhe bahar jane ko sharam aati hai to mere ghar pe koi nahi hai tum kaho to ghar pe jayege (come with me once, if you are ashamed to go out with me, I will take you home).”
The incident of June 2021, was when girl officially registered her complaint against him. He on the specific instance, pulled her into his car and molested her, and thereafter, threatened to kill her if she disclosed the incident to anyone.
The accused on the basis of victim complaint booked for offences under Sections 354 (Assault or criminal force to outrage modesty), 354D (stalking), 342 (wrongful confinement) and 506 (criminal intimidation) of the Indian Penal Code.
The accused for quashing the FIR filed against him under Section 482 of Code of Criminal Procedure moved the High Court.
He took ground that the FIR filed against him hold no merits. It is false and fabricated complaint filed with a malafide intent.
Arguing further that he is handicapped person, it’s not possible to pulled the complainant into the car as alleged.
The bench dismissed the plea, explicitly adding that the trial judge need to conduct all the procedures without any prejudice set by prima facie observations of the High court.