Mr. Deo, the Public Prosecutor appearing for the State very vehemently argued that any member of public can go to such a place as it is open. However, it must be remembered that it is an open courtyard attached to the private quarters of police constables or police officers. It is only the officers or constables who are residing in those quarters can have access to the courtyard attached to such quarters. Any member of the public cannot as of right go to the courtyard. The inmates of the police quarters can very well exclude any member of the public from this place. In my view, therefore, the accused cannot be held guilty of the offence Under Section 85(1) on the allegation made by the prosecution itself. On this narrow ground, therefore, the accused is entitled to be acquitted,
Bombay High Court
Maruti Sakharam Aher vs The State Of Maharashtra on 1 September, 1977
Equivalent citations: 1978 CriLJ 67
Bench: Apte
