The Bombay High Court recently refused to quash FIR registered against a disabled person who was accused of molesting and intimidating a woman
A bench of Justices Revati Mohite Dere and SM Modak said 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 girl alleged that in March 2021, when she had gone to a market, the accused held her hand and said “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)”.
After this, the accused started following her whenever she would go to the market and then followef her back to her home. She also alleged that he pestered for her phone number so that he could call and invite her.
Her complaint stated he would say 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 specific incident that led to the complaint was that he had pulled the victim into his car in June 2021, molested her, and thereafter, threatened to kill her if she disclosed the incident to anyone.
After this incident, the victim lodged the complaint and the accused was 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 then moved to the High Court to quash the same.
His argument was that the FIR was registered on the basis a false and fabricated complaint filed with a malafide intent.
He further contended that being a handicapped person he could not have pulled her into the car as alleged.
The Court, however, rejected the plea but clarified that the trial judge should conduct the trial uninfluenced by any prima facie observations of the High court.
Yusuf Afroz Yusha Hussaini Sayyed v. State of Maharashtra & Ors.
