Bombay High Court Rejects Plea to Quash FIR Against Disabled Man Accused of Molestation
The Bombay High Court has refused to quash an FIR filed against a disabled man accused of molesting and intimidating a woman. A bench comprising Justices Revati Mohite Dere and SM Modak ruled that the case did not merit the use of its extraordinary or inherent jurisdiction for quashing the complaint.
Allegations by the Victim
The victim alleged that in March 2021, while she was at a market, the accused grabbed her hand and said, “I like you. Come with me. I will make you happy.” She also claimed that the accused began following her regularly whenever she visited the market and even trailed her back to her home.
The accused allegedly pestered her for her phone number, saying things like, “Come with me once. If you’re ashamed to go out with me, no one is at my house. We can go there.”
The situation escalated in June 2021 when the accused allegedly forced the victim into his car, molested her, and threatened to kill her if she disclosed the incident to anyone.
Legal Action
Following the incident, the victim lodged a complaint, and the accused was booked under multiple sections of the Indian Penal Code (IPC), including:
- Section 354: Assault or criminal force to outrage a woman’s modesty
- Section 354D: Stalking
- Section 342: Wrongful confinement
- Section 506: Criminal intimidation
The accused petitioned the High Court to quash the FIR, claiming the allegations were false and fabricated with malicious intent. He argued that due to his disability, he could not have committed the acts described, such as pulling the victim into a car.
Court’s Ruling
The High Court dismissed the plea, stating that the allegations required a trial to determine the truth. However, the Court directed that the trial judge should conduct the proceedings without being influenced by any observations made during the High Court’s review.
Case Title
Yusuf Afroz Yusha Hussaini Sayyed v. State of Maharashtra & Ors.
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