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B. V. NAGARATHNA, N. KOTISWAR SINGH
Rabindra Kumar Chhatoi – Appellant
Versus
State Of Odisha – Respondent
ORDER
Leave granted.
2. The appellant herein, is aggrieved by the order dated 13.11.2019 passed in Criminal Revision No.580 of 2019. The High Court in the said revision petition, which assailed the order dated 02.08.2019 passed by the Learned Additional Sessions Judge, Bhubaneswar in T.R. No.400 of 2016, has sustained the same and consequently, the Criminal Revision No.580 of 2019 has been dismissed. Hence, this appeal.
3. We have heard learned counsel for the appellant and learned counsel for the first respondent-State and learned counsel for the second respondent-complainant and perused the material on record and the provisions which are applicable to the present appeal.
4. Learned counsel for the appellant submitted that the second respondent herein, had instituted a Criminal Complaint against the appellant herein, under Sections 294 and 506 of the Indian Penal Code (IPC) read with Section 3(i)(x) of the Scheduled Castes and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 [hereinafter referred to as “SC & ST (POA) Act” for the sake of convenience.
5. Before the Learned Additional Sessions Judge, Bhubaneswar in T.R. No.400 of 2016, the appellant herein, filed an application u
Intentional insult and criminal intimidation – Intention to insult or intimidate with an intent to humiliate a member of Scheduled Castes and Scheduled Tribe must be in any place within public view.
Mere allegations without evidence of public view do not constitute an offence under the SC/ST Act unless insults target caste identity in a public context.
Allegations under the SC/ST Act require intentional insult or intimidation in public view; dismissal of revision upholds trial due to sufficient prima facie evidence.
The court clarified the interpretation of 'within public view' in the context of the Atrocities Act, holding that a place can be considered 'within public view' even if it is a private place, provide....
The central legal point established in the judgment is the requirement of intentional insult or intimidation of a member of the SC or ST under Section 3(1)(x) of the SC and ST (POA) Act, 1989.
Assault and abuse in public view – Public view is an essential ingredient to constitute offence under Section 3(1) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Insults must be targeted at a victim's Scheduled Caste or Tribe status to constitute an offence under Section 3(1)(x) of the SC/ST Act.
Sufficient evidence must link alleged acts to an intent to humiliate based on caste identity for the application of the SC/ST Act.
Section 3(1)(r) of the SC and ST Act makes it manifest that mere insult or intimidation with an intention to humiliate a member of Scheduled Caste or Scheduled Tribe by itself is not made an offence.....
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