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2004 Supreme(SC) 108

S. H. KAPADIA, V. N. KHARE, S. B. SINHA
State Of Kerala – Appellant
Versus
CHANDRAMOHANAN – Respondent


ORDER

1. One Ramachandran, who was the President of the Pattambi Congress Mandlam, lodged a complaint against the respondent alleging that on 24-10-1992, the respondent at 3.30 p.m. took one eight-year-old girl named Elizabeth P. Kora to the classroom in Pattambi Government D.P. School, with an intent to dishonour and outrage her modesty. On 11-11-1992, the said complaint was treated as a first information report under Section 509 of the Indian Penal Code. Subsequently on 21-11-1992, the investigating officer came to know that the father of the victim belonged to the Mala Aryan community, which is considered to be a Scheduled Tribe in the State of Kerala and lodged another first information report, charging the respondent under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act"). On the basis of the said first information reports, the Chief Judicial Magistrate summoned the respondent taking cognizance against him under Section 3(1)(xi) of the Act as well as under Section 509 of the Indian Penal Code. Aggrieved, the respondent filed a petition under Section 482 of the Code of Criminal Procedure, fo






































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