MOHANLAL S/O TARACHAND PARADHI Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-12-41
HIGH COURT OF BOMBAY
Decided on December 07,2017

Mohanlal S/O Tarachand Paradhi Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

ROHIT.B.DEO,J. - (1.) The appellant is aggrieved by the judgment and order dated 12-1-2012 in Special Case 12/2010 delivered by the learned Special Judge, Bhandara, by and under which the appellant is convicted for offence punishable under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as the "Atrocities Act") and is sentenced to suffer simple imprisonment for six months and to payment of fine of Rs.1,000/-, for offences punishable under Sections 341 and 294 of the Indian Penal Code and is sentenced to payment of fine of Rs.500/- for each of the offences respectively.
(2.) Heard Mrs. Prachi Joshi, learned Advocate for the appellant-accused and Ms. Ritu Kaliya, learned Additional Public Prosecutor for the respondent.
(3.) Mrs. Prachi Joshi, learned Advocate for the accused submits that the judgment and order impugned is manifestly erroneous. The prosecution has miserably failed to establish the ingredients of offence punishable under Section 3(1)(x) of the Atrocities Act, is the submission. The learned Advocate would submit, that firstly the prosecution has not proved, muchless beyond reasonable doubt, that the accused does not belong to either Scheduled Caste or Scheduled Tribe community, secondly the prosecution has not established that the utterances attributed to the accused were calculated to humiliate the complainant since he belongs to the Mahar community and finally even if the evidence is accepted at face value, the prosecution has not established that the abuses were hurled in "public view".;


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