Bombay High Court Refuses to Quash FIR Against Disabled Person Accused of Molestation
The Bombay High Court recently declined to quash an FIR against a disabled person accused of molesting and intimidating a woman. The decision was made by a bench of Justices Revati Mohite Dere and SM Modak, who stated, “Considering what is stated aforesaid, this is not a fit case to exercise our extraordinary jurisdiction nor inherent jurisdiction for quashing the case.”
The case dates back to March 2021, when the complainant alleged that the accused approached her in a market, held her hand, and said, “I like you, come with me, I will make you happy.” The woman reported that the accused followed her to the market and her home, persistently asked for her phone number, and made inappropriate comments.
The specific incident that led to the FIR occurred in June 2021. The victim claimed that the accused pulled her into his car, molested her, and threatened to kill her if she disclosed the incident. As a result, the accused was charged under several sections of the Indian Penal Code, including Section 354 (assault or criminal force to outrage modesty), Section 354D (stalking), Section 342 (wrongful confinement), and Section 506 (criminal intimidation).
The accused sought to have the FIR quashed, arguing that the complaint was false and fabricated with malicious intent. He also contended that his disability would have prevented him from committing the alleged acts. However, the High Court rejected his plea, emphasizing that the trial judge should conduct the proceedings without being influenced by the High Court’s observations.
This case, Yusuf Afroz Yusha Hussaini Sayyed v. State of Maharashtra & Ors., highlights the court’s decision to ensure a fair trial and proper investigation into the serious allegations made.
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