District and Additional Sessions Court, Malegaon. (Pic: The Voice of Malegaon)
The court of District and Additional Sessions Judge S S Kanthale recently observed that heavens would not have fallen if the accused had accompanied the police team to the police station and then offered to furnish bail there, after all the offence under Section 435 of the Indian Penal Code (IPC), allegedly committed by him, was bailable.
The court made this strong observation while convicting the accused Shaikh Rizwan Shaikh Chand (32) , a resident of Ayesha Nagar, for charges under Section 353 (Assault or criminal force to deter public servant from discharge of his duty) of the IPC. However, the court acquitted him of the much serious charges under Section 354 (Outraging modesty of a woman) and 332 (Voluntarily causing hurt to a public servant) of the IPC in the FIR No 44/2021. The court made the above observation in a 24-page long judgement due to the following incident on July 04, 2021.
In 2021, a police team comprising lady police constable Manisha Bidgar, PSI Waghmode, naik Khairnar and constable Thakur, had gone to the accused Rizwan Shaikh’s residence at around 10 am. Two beat marshals Deokar and Deore also joined them. Shaikh had been wanted in a case filed under Section 435 of the IPC with CR No. 42/2021 with the Ayesha Nagar Police.
According to the prosecution, when the police team turned up at Shaikh’s house his mother came out and the accused was standing behind her. As constable Bidgar tried to move aside her mother, Shaikh caught hold of her hand and twisted it. The policemen present on the spot intervened and brought the accused to the police station. There was a minor scuffle at the crime scene. Hence, constable Bidgar lodged a report saying the accused had used criminal force upon her while she was discharging her official duties (353 of IPC).
However, Section 354 (Outraging modesty of a woman) and 332 (Voluntarily causing hurt to a public servant) r/w 34 of the IPC were also added at the time of filing of the case.
As regards offence u/s.354 of IPC is concerned, it seems that the police has registered the said offence, merely for the reason that complainant PW1 LPC Manisha Bidgar was a lady. On scrutinising her evidence carefully, she does not seem to state anywhere that the accused did such act of arm twisting, to outrage her modesty, or that he did it with an ill intention in mind that she was a woman, the court observed
“The above act undoubtedly proves commission of offence u/s.353 of IPC,” the court observed.
As regards the offence under Section 354 of IPC is concerned, the court said while discharging the accused, it seems the police registered the said offence merely for the reason that the complainant was a lady police constable. The court also praised her honesty and commended the fact that Bidgar did not use any exaggeration during her deposition. The court found there was absence of any oblique intention.
While also exonerating Shaikh for the charges under Section 332 of the IPC, the court said, “The evidence does not go any further to show that the act of arm twisting caused any kind of injury or hurt to Manisha Bidgar, and so also in the act of scuffle. The element of suffering hurt is also not seen in the medical evidence. Hence, the prosecution evidence does not prove commission of offence u/s.332 of IPC”. Under Section 353, the court awarded a six months’ rigorous imprisonment to Shaikh along with Rs 10,000 fine and in case of default of fine amount the accused will have to undergo a simple jail term of two more months.
Additional Public Prosecutor Adv Sushil Damodar represented the state while Adv Nimesh P Merchant represented the accused. Pairvi Adhikari Sumit Patil assisted the prosecution.
