False accusation of caste insult cannot deprive someone of liberty: Mumbai court | Bombay News

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MUMBAI: Observing that the mere unilateral allegation of any individual belonging to any caste, where such allegation is substantiated and false, cannot be considered sufficient to deprive a person of his or her liberty without independent review, a special tribunal granted early bail to a transgender accused of using a caste slur against a person against whom they had already filed a complaint. Based on the evidence available on the record, it appears prima facie that the allegations are (sic) after thought and concocted. The witness statement does not support the informant’s allegation. The injury certificate does not support their allegation. The version contradicts the other evidence available in the record. The counter-FIR is registered against the informant and others in whom they have been shown to have animosity against the plaintiff, Judge DB Dhoble said. It was alleged that on April 12, the informant who belonged to the Andh Adivasi community, left for the opening of a restaurant. Virkar was sitting there. It was alleged that Virkar began abusing the informant. When the Informant Companion attempted to intervene, Virkar made caste remarks and pushed the Companion. It was also claimed that Virkar bit the informants’ finger and assaulted the companion. An FIR has been recorded for offenses under the IPC and SC and STAct. The judge pointed out that while Virkar had complained to cops on April 12 alleging the informant and others assaulted them, the informants’ FIR was not filed until April 21. Claimant’s (Virkar) and the injury certificate filed by the Claimant, support the Claimant’s assertion that she suffered an injury, the judge said. The judge said the allegations were apparently untrue. The judge also said the prohibition under SC/ST law against granting bail would not be drawn.

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