People in small villages take revenge by roping entire family of accused: Bombay HC

Narsi BenwalUpdated: Tuesday, December 01, 2020, 09:20 AM IST
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Observing that in small villages people take revenge by roping in the entire family of the accused in a criminal case, the Aurangabad bench of the Bombay High Court last week quashed an FIR registered against four members of a family. The HC quashed the FIR registered against two senior citizens and their sons, booked for stalking a married woman.

A bench of Justices Tanaji Nalawade and Shrikant Kulkarni, however, refused to grant any relief to the elder son of the family, who is the prime accused.

According to the prosecution case, the prime accused Aakash Shirsat (25) used to stalk a married woman in his neighborhood. He often followed her, when she went out of her house. He even forced her to speak to him and had passed on his contact number to the woman.

The woman, according to the prosecution case, narrated her ordeal to her husband and in-laws and then a meeting was held, wherein Aakash was warned not to repeat his behavior and to stay away from the victim.

However, the warning hardly made any impact on his conduct and he continued to stalk the victim day in and day out.

The victim's husband and family once again visited Aakash's house, after he tried to catch hold of the victim and even to grope her while she was out of her house.

When the victim and her family once again asked Aakash to stay away from her, it is alleged that he along with his parents and brothers started assaulting the victim's husband and the prime accused even tried to outrage her modesty.

In their defence the family argued that there is no specific role attributed to all of them except for Aakash. It further argued that they were purposely being dragged in the case only to defame them.

Having heard the contentions and the material on record the bench concluded that the FIR did not mention any kind of a cognizable offence at least against the family members.

The judges, accordingly said, "In small villages, there is tendency to rope entire family of the opposite party, may be by way of revenge," the judges observed.

"No specific role is attributed against the family members (except Aakash) as to who caught hold the victim, who gave kicks and who gave fist blows. The allegations against them are found in general with a view to rope them in this crime," the judges noted.

The bench further said, even if the allegations are accepted at their face value, no cognizable offence is made out against the family members.

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