– Justice Shriram Modak has granted ad interim protection to Kishor Ramesh Rajput who is serving as a Naik Police Constable at PS Malkapur Rural.
Nagpur – Kishor Ramesh Rajputcame to be arrayed as an accused for the offence punishable under sec 452, 354, 354(A), 323, 504, 506 of I.P.C. and Section 3(1)(f)(s)(w)(i), 3(2)(va) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act registered vide Crime No. 454/2020 dated 31-07-2020 by PS Malakapur City on the report of the complainant Nalu Deepak Thate .
It is the case of prosecution that, informant/complainant gave report of the incident on 31.7.2020 with Malkapur City Police Station, on the basis of which, Crime No.454/2020 for the offence punishable Sec. 452, 354, 354(A), 323, 504, 506 of I.P.C. and Section 3(1)(f)(s)(w)(i), 3(2)(va) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act came to be registered. It is alleged in the report that on 31.7.2020 at about 8.00 a.m., the husband of victim had been out of house of work and his son was sleeping.
At about 10.00 a.m., the applicant/accused forcibly entered into the house of victim and caught hold her hand. Therefore, she by jolting the hand made cries. Meanwhile, the husband of victim arrived there. When he tried to caught the applicant/accused, there was scuffle between them. At that time, the applicant/accused hurled abuses in the name of caste of the informant. Thereafter, the report came to be lodged with police station.
On the basis of the above report offence punishable under Section 452, 354, 354(A), 323, 504, 506 of I.P.C. and Section 3(1)(f)(s)(w)(i), 3(2)(va) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act registered vide Crime No. 454/2020 dated 31-07-2020.
Adv Mir Nagman Ali apprearing for the accused submitetd that, husband of complainant was prosecuted under Crime no. 5/2020 registered with PS Malkapur Rural for offences under Gambling Act and Wildlife Protection Act. That, raid was conducted wherein husband of complainant was found with a Dutondya Snake which is a scheduled animal and therefore along with offences under the Gambling Act as well as Wildlife Protection Act was registered against him. That, informant as well her husband were having suspicion that, appellant is working as PS Malkapur Rural and therefore he had given the tip/information leading to aforesaid raid and therefore accused was implicated in a false offence.
it was also submitted that,the alleged incidence has happened inside of the house of the complainant and therefore there is doubt about the place being within the view of public and therefore no prima facie case was made out under Atrocities Act.
Adv Mir Nagman Ali appreaed for accused.