Bombay High Court refuses to quash FIR against handicapped person accused of molestation

The Bombay High Court recently refused to quash a first information report (FIR) registered against a disabled person accused of molesting and intimidating a woman [Yusuf Afroz Yusha Hussaini Sayyed v. State of Maharashtra & Ors.].A bench of Justices Revati Mohite Dere and SM Modak opined that the defence of handicap raised by accused could be considered by the trial court during the trial. “Considering what is stated aforesaid, this is not a fit case to exercise our extraordinary jurisdiction nor inherent jurisdiction for quashing the case” the bench stated. .The specific allegations of the girl were that in March 2021, when she had gone to a market, the accused held her hand and said “tu mujhe bohot pasand hai, mere saath chale gi kya, mai tumhe khush kar dunga (I like you, come with me, I will make you happy)”. After this, the accused started following her whenever she would come to the market and then follow her back to her home.He even allegedly pestered for her phone number so that he could call and invite her. Her complaint stated he would say things like “Ek baar mere saath chalo, agar tumhe bahar jane ko sharam aati hai to mere ghar pe koi nahi hai tum kaho to ghar pe jayege (come with me once, if you are ashamed to go out with me, I will take you home).”The specific incident that led to the complaint was that he had pulled the victim into his car in June 2021, molested her, and thereafter, threatened to kill her if she disclosed the incident to anyone. After this incident, the victim lodged the complaint. The accused was booked for offences under Sections 354 (Assault or criminal force to outrage modesty), 354D (stalking), 342 (wrongful confinement) and 506 (criminal intimidation) of the Indian Penal Code. .The accused then moved the High Court to quash the same.His argument was that the FIR was registered on the basis a false and fabricated complaint filed with a malafide intent. He further contended that being a handicapped person he could not have pulled her into the car as alleged. The Court, however, rejected the plea but clarified that the trial judge should conduct the trial uninfluenced by any prima facie observations of the High court..[Read order]