Bombay High Court Refuses to Quash FIR Against Disabled Man in Molestation Case
The Bombay High Court recently declined to cancel an FIR filed against a disabled man who was accused of molesting, stalking, and threatening a woman. The Court ruled that this was not a case that warranted its extraordinary or inherent powers.
The bench, comprising Justices Revati Mohite Dere and SM Modak, observed:
“Considering what is stated aforesaid, this is not a fit case to exercise our extraordinary jurisdiction nor inherent jurisdiction for quashing the case.”
According to the victim’s complaint, the incident began in March 2021 when she visited a local market. The accused allegedly held her hand and made inappropriate remarks, saying, “I like you, will you come with me? I will make you happy.”
She further claimed that the man began following her to the market and to her home, frequently asking for her phone number and making advances. He allegedly said, “Come with me once, if you’re shy to go out, we can go to my home — no one will be there.”
The situation escalated in June 2021, when the man reportedly pulled her into his car, molested her, and threatened to kill her if she revealed the incident.
Based on the complaint, the police booked the accused under multiple sections of the Indian Penal Code (IPC):
- Section 354 (Assault or criminal force to outrage modesty),
- Section 354D (Stalking),
- Section 342 (Wrongful confinement),
- Section 506 (Criminal intimidation).
The accused, Yusuf Afroz Yusha Hussaini Sayyed, then approached the High Court, claiming the FIR was false and motivated by malice. He argued that due to his physical disability, it was impossible for him to forcibly pull someone into a car as alleged.
Despite his defense, the Court refused to quash the FIR, though it clarified that the trial court should proceed with the case without being influenced by any of its observations.
This judgment emphasizes that serious allegations, even against physically challenged individuals, must go through the due legal process and cannot be dismissed without proper trial.
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