Published On : Thu, Jun 25th, 2020

Bombay HC grants interim interim protection from arrest in attempt to murder and atrocities case

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Nagpur – Division bench presided over by Justice ZA Haq and Justice Justiice NB suryawanshi have granted interim protection from arrest to Asefa Begum R/o Unmarked yavatmal.

Asefa was apprehending her arrest for offences punishable under sec 307, 323, 506, 109, 452, 34 of IPC R/w Sec
3(1)(w)(r)(s), 3(2)(5) of Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act registered vide Crime No. 234/2020 The case of prosecution is that, complainant Payal londhe has alleged that, Shahin Bi Sheikh Samad has apprehension that, her husband Sheikh Samad is having extra marital relations with her and threatens her to leave her husband.

Sheikh Samad often comes to meet his maternal Uncle Sheikh Pasha who is neighbor of complainant. It is alleged that, on 11-05-2020 at 11 am, when complainant was at her home, appellant and Sheikh Shahin entered inside her home and abused her in filthy language and fell her down and thereafter assaulted her by hands and fist blows.

Thereafter, they gave a call to Sheikh Pasha and Sheikh Shahrukh. It is further alleged that, Shahin and Asefa caught hold of complainant and Sheikh Pasha and Sheikh Shahrukh brought tube of rat poison and administered it to her and further abused her in the name of her caste.

It was submitted that, fact on 10-05-2020, on Sheikh Shahin Sheikh Samad has lodged a report against complainant on the basis of which offence under sec 294, 506, 324, 34 of IPC vide crime no. 219/2020 for assaulting Sheikh Shahin Sheikh Samad and as a counterblast to the same complainant has lodged instant false report against appellant and others.

It was also submitted that, there is delay of 5 days in lodging the FIR which has not been explained by the complainant. That, inordinate delay in lodging FIR itself shows that, complainant has lodged afterthought.

Adv Mir Nagman Ali appeared for Asefa Begum.