Kirankumar S/O Chandrakant Gahukar v. State Of Maharashtra, Through P.S.O. Pandharkawada

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [ABA] No. 235 of 2015 [Kirankumar Chandrakant Gahukar Vs. State of Mah. ] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. N.R. Saboo, Adv., for the Applicant.

Mrs. Joshi, APP for respondent.

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CORAM

:

A.B. CHAUDHARI, J.

DATE :

12th June, 2015.

Heard learned counsel for the rival parties.

The offence is registered against the applicant under Sections 354 and 452 of Indian Penal Code, and 3

(1) (xi) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.

The complainant, who is a married woman belonging to "Gond" Scheduled Tribe, lodged the report against the applicant. Mr. Saboo, learned counsel for the applicant, submits that she having married a person belonging to Other Backward Class, lost such status as Gond, Scheduled Tribe. He relied on the decision of this Court in the case of Daulatrao Nanasaheb Pisal Vs. Bhuinj Police Station & others [1998 ALL Mr (Cri)

1181].

The other offences registered against the applicant are serious and all the more serious when the applicant did not bother to think that the crime he was committing was against a married woman by outraging her modesty, which is a serious offence. Hence the application is dismissed. Applicant is at liberty to apply for regular bail before the learned Trial Judge. Judge |hedau|