[Cites 3, Cited by 0]
Bombay High Court
The State Of Maharashtra vs Hasan S/O. Basu Shaikh And Others on 29 January, 2026
2026:BHC-AUG:3650
ALS-153-2019
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
APPLICATION FOR LEAVE TO APPEAL BY STATE NO.153 OF 2019
The State of Maharashtra,
Through Nilanga Police Station,
Tq. Nilanga, Dist. Latur. ... Applicant
(Orig. Complainant)
Versus
1. Hasan S/o. Basu Shaikh,
Age : 68 yeas, Occu. : Labour,
R/o. Ambegaon, Tq. Nilanga, Dist. Latur.
2. Mehtab S/o. Hasan Shaikh,
Age : 25 years, Occu. : Labour,
R/o. Ambegaon, Tq. Nilanga, Dist. Latur.
3. Basu S/o. Hasan Shaikh,
Age : 24 years, Occu. : Labour,
R/o. Ambegaon, Tq. Nilanga, Dist. Latur.
4. Saddam S/o. Hasan Shaikh,
Age : 21 years, Occu. : Labour,
R/o. Ambegaon, Tq. Nilanga, Dist.Latur.
5. Nasima Hasan Shaikh,
Age : 60 years, Occu. : Household,
R/o. Ambegaon, Tq. Nilanga, Dist. Latur. ... Respondents
(Orig. Accused)
.....
Mr. N. R. Dayma, APP for Applicant - State.
Mr. M. B. Kolpe, Advocate for Respondents.
.....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 27 JANUARY 2026
PRONOUNCED ON : 29 JANUARY 2026
ORDER :
1. Instant application by State for seeking leave to file
appeal against judgment and order dated 25.04.2019 passed by
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learned Additional Sessions Judge and Special Judge, Nilanga in
Special Case (Atro.) No.02 of 2014.
2. Informant PW1 informant reported Nilanga Police
Station that, on 01.05.2014, around 2:00 p.m., accused, who are her
neighbours and are conducting similar business of running flour mill
like her, picked up quarrel with her, abused her and assaulted her
questioning her for waning her customers. According to her, accused
no.1 Hasan kicked in her abdomen, accused Saddam beat her by
means of belt and accused Mehtab outraged her modesty by touching
her breast. She also alleged that in the above incident, her two tola
necklace was taken away and accused Mehtab hurled abuses over
caste. On above report, Nilanga police registered crime for offence
punishable under sections 143, 147, 148, 452, 354, 392, 323, 506
r/w 149 of Indian Penal Code and section 3(1)(s), 3(1)(w)(i) of the
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act,
1989. After being charge-sheeted, all five accused were tried by
Special Court, who accorded acquittal. Hence, as State is keen in filing
appeal, present leave application.
3. Learned APP would point out that, serious offence of
outraging modesty and caste abuses has been committed by accused
persons. Victim had narrated the entire incidence in her testimony
and it had virtually remained unshaken. According to him, sole
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testimony of victim as was inspiring confidence, was sufficient to
attract the charges. He pointed out that, though other witnesses did
not support the prosecution, in cases of such nature, when testimony
of victim has remained unshaken, the same can be made basis of
conviction. According to him, State has a good case in appeal on
account of non consideration and inappropriate appreciation of
evidence. Hence, he urges for leave.
4. Learned counsel for accused would justify the order of
acquittal by pointing out that there was false implication. Quarrel has
been exaggerated and given a different colour. That, none of the
independent witnesses including relative of complainant has
supported prosecution, and therefore, he justifies the order of
acquittal.
5. At the threshold, looking at the accusation, evidence of
complainant victim being crucial, is visited. In her evidence at
Exh.51 after stating accused to be her neighbours and disclosing her
caste, she stated that on 01.05.2014, one Ahmadabee has come for
grinding chilly. At that time, Nasimabee, another neighbour
quarreled with her, questioning her for diverting her customers.
Then she stated about altercation taken place between 1:00 to 2:00
p.m. Further according to her, around 8:30 p.m., son of Nasimabee,
namely Mehtab came to her house and abused her in filthy language
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and assaulted her. Accused Hasan gave four to five kicks in her
stomach, whereas wife of Hasan caught hold her hair. Accused
Saddam came and entangled belt around her neck, whereas accused
Mehtab caught hold of her breast and when she raised shout,
neighbours gathered to the spot. While going, accused Mehtab hurled
on caste abuse. While taking treatment in the hospital, she gave
statement to the above extent.
In cross she admitted that, accused are also running flour
mill and that prior to the incident, there was no quarrel. Rest all
suggestions are denied by her.
PW2 Vasant, panch to scene of occurrence, has not
supported the prosecution.
PW3 Atmaram is the husband of PW1 informant.
According to him, while his wife was alone in the flour mill, one of
their neighbour came for grinding chilly and at that time, accused
Nasimabee came and started conversation with his wife and also
abused saying that she would see her. Accused Hasan and Javed also
came and abused. Around 8:30 p.m., when he had been to wash his
limbs, he heard noise of the quarrel and claims to have seen all
accused assaulting his wife. According to him, accused Hasan and
Mehtab were kicking his wife, whereas accused Pasha and Javed
were assaulting with hand and Nasimabee pulling her hair, accused
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Saddam used belt to assault her, and thereafter, Hasan and Mehtab
hurled on caste abuses. Witness Sangram, Santosh and Balaji came
to the rescue them.
PW4 Balaji, panch to seizure of black belt, has not
supported the prosecution.
PW5 Dr. Shinde, deposed about examining PW1
informant, who gave history of assault over abdomen.
PW6 Limbraj, panch to house spot.
PW7 Santosh and PW8 Sangram, independent witnesses
and acquaintance of informant, did not support prosecution. One of
them merely submitted abuses were hurled against each other, but
they denied assault on informant.
PW9 Dnyaneshwar, President of village Tanta Mukti
Samiti; PW10 Krishna, also an acquaintance of both, did not support.
PW11 another panch also has not been supported prosecution.
6. Thus, here, on appreciation, there is only evidence of
PW1 informant and PW3, who are husband and wife. Surprisingly,
independent witness named by husband and informant i.e. lady who
came for grinding chilly, was the best witness, but she is not
examined. On minute scrutiny and when evidence of PW1 informant
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is placed in juxtaposition with that of PW3 husband, they both though
being husband and wife, are not consistent about the role allegedly
played by each of the accused. As regards to caste abuses is
concerned, witnesses are not consistent. Almost all independent
witnesses, who have acquaintance with both informant and accused
are either not supporting or are only deposing about quarrel and
nothing beyond it. Admittedly, on account of business rivalry, parties
are at cross terms. Occurrence dated 01.05.2014 is reported on
02.05.2014.
7. For above reasons, evidence of prosecution in trial court
is apparently weak, and therefore, it did not find favour from the
learned trial court. Though learned APP submitted that, sole
testimony of victim is sufficient, here, it is not so for several reasons
stated above. Her testimony does not inspire confidence as there are
variances and rather it is exaggerated version. With such quality of
evidence, in the considered opinion of this court, no purpose would be
served to accord leave. Hence, the following order is passed :
ORDER
(i) Leave is refused.
(ii) Application for Leave to Appeal by State is rejected.
(ABHAY S. WAGHWASE, J.)
Tandale
