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C. S. SUDHA
Fakrudeen K. V. alias Fakrudeen Panthavoor – Appellant
Versus
State of Kerala – Respondent
JUDGMENT
This appeal under Section 14A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act) has been filed by the petitioner/accused in crime no.251/2024, Infopark police station, Ernakulam, aggrieved by the dismissal of his petition under Section 438 Cr.P.C., namely, Crl.M.C. No. 1407/2024, on the file of the Court of Session, Ernakulam, seeking pre-arrest bail.
2. It was submitted by the learned counsel for the appellant/accused that the materials on record do not make out any offence(s) under the Act. The appellant/accused has never referred to or mentioned the caste name of the 2nd respondent/informant in the video uploaded by him. Relying on the dictum in Hitesh Verma v. State of Uttarakhand, (2020) 10 SCC 710, it was submitted that merely because the 2nd respondent/informant is a member of a scheduled caste or a scheduled tribe, an offence under the Act would not be made out unless there is an intention to humiliate her only for the reason that she belongs to such caste. The materials on record do not make out an offence under Section 3(1)(r) of the Act and hence the bar under Section 18 or 18A is not attracted, goes the argument.
2.1.
Pre-arrest bail – Cyber bullying remains inadequately addressed by current legal frameworks.
The derogatory content of a video can constitute an offence under Section 3(1)(r) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989, even if caste is not explicitly ....
Point of Law : SC/ST – Interpretation of Statutes - Principle, known as the 'doctrine of the ongoing statute', can be adopted in instances where it is obvious that the sweep of the Parliamentary inte....
(1) Anticipatory bail – Section 18 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 does not impose absolute fetter on power of courts to grant anticipatory bail.(2) All ....
Publication must depict actual sexual acts to invoke Section 67A of the IT Act.
Insults under the Scheduled Castes and Scheduled Tribes Act require public visibility and an intent to humiliate; mere civil disputes do not qualify as offences under this Act.
The main legal point established in the judgment is the distinction between the penal provisions of Section 67 and Section 67-A of the IT Act, and the necessity of material containing sexually explic....
The central legal point established in the judgment is the requirement to establish the essential ingredients of an offence under the Atrocities Act and the need for specific grounds for custodial in....
Intent and context are crucial in determining the applicability of the SC/ST Act and IPC provisions regarding casteist remarks and public order.
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