THE CURRENT SCENARIO

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Wednesday, June 24, 2020

TCS

Bombay HC grants interim interim protection from arrest in attempt to murder and atrocities case


Zafar khan
Nagpur,24 June 2020
Division bench presided over by Justice ZA Haq and Justice Justiice NB suryawanshi have granted interim protection from arrest to Asefa Begum R/o Unmarked yavatmal.
www.thecurrentscenario.com
Asefa was apprehending her arrest for offences
punishable under sec 307, 323, 506, 109, 452, 34 of IPC R/w Sec
3(1)(w)(r)(s), 3(2)(5) of Scheduled Castes And Scheduled Tribes
(Prevention Of Atrocities) Act registered vide Crime No. 234/2020
The case of prosecution is that, complainant Payal londhe has alleged that, Shahin Bi
Sheikh Samad has apprehension that, her husband Sheikh Samad is
having extra marital relations with her and threatens her to leave her
husband. Sheikh Samad often comes to meet his maternal Uncle
Sheikh Pasha who is neighbor of complainant. It is alleged that, on
11-05-2020 at 11 am, when complainant was at her home, appellant
and Sheikh Shahin entered inside her home and abused her in filthy
language and fell her down and thereafter assaulted her by hands and
fist blows. Thereafter, they gave a call to Sheikh Pasha and Sheikh
Shahrukh. It is further alleged that, Shahin and Asefa caught hold of
complainant and Sheikh Pasha and Sheikh Shahrukh brought tube of
rat poison and administered it to her and further abused her in the
name of her caste.

It was submitted that, fact on 10-05-2020, on Sheikh Shahin Sheikh
Samad has lodged a report against complainant on the basis of
which offence under sec 294, 506, 324, 34 of IPC vide crime no.
219/2020 for assaulting Sheikh Shahin Sheikh Samad and as a
counterblast to the same complainant has lodged instant false report
against appellant and others.

It was also submitted that, there is delay of 5 days in lodging the FIR which has not been
explained by the complainant. That, inordinate delay in lodging FIR
itself shows that, complainant has lodged afterthought.

Adv Mir Nagman Ali appeared for Asefa Begum.