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A. BADHARUDEEN
Velayudhan – Appellant
Versus
State of Kerala – Respondent
JUDGMENT
The complainant in Annexure A4 complaint (CMP No.550 of 2024), wherefrom Crime No.974 of 2024 has been registered by Irinjalakuda Police, alleging commission of offences punishable under Sections 465, 468 and 471 of the Indian Penal Code (for short ‘IPC’) as well as Sections 3(1)(p) and 3(1)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 (for short ‘the SC & ST (PoA) Act’) has filed this Criminal Appeal under Section 14A of the SC & ST (PoA) Act, challenging Annexure A9 order in Crl.M.P.No.1160 of 2024 dated 26.08.2025, whereby the learned Special Court under the SC & ST (PoA) Act, dismissed an application filed by the appellant to monitor the investigation.
2. Heard the learned counsel appearing for the appellant, the learned Public Prosecutor for and on behalf of the 1st respondent and the learned counsel appearing for the 2nd respondent/accused in detail. Perused the order impugned and the records available.
3. Precisely, the prosecution case is that O.S.No.795 of 2023 was filed by the accused persons on production of a promissory note alleged to have been one executed by the defacto complainant as well as his father as th
Presumption as to offences – Where accused was having personal knowledge on victim or his family, Court shall presume that accused was aware of caste or tribal identity of victim, unless contrary is ....
The presumption regarding knowledge of caste identity under the SC & ST (PoA) Act exists unless disproved, influencing liability in false litigation cases.
The court ruled that insufficient knowledge of caste identity does not exempt from liability under the SC & ST Act; further investigation into fraudulent documentation was mandated.
The court emphasized the need to prevent misuse of the SC/ST (POA) Act, ruling that allegations lacking credible evidence can lead to quashing of proceedings.
For an offence under Section 3(1)(xi) of the SC/ST POA Act, intent to act against a person based on their caste status is essential; mere reference to caste without such intent is insufficient.
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
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.
The court held that cognizance for offences under the SC/ST Act cannot be taken without a chargesheet, while maintaining cognizance for IPC offences due to specific allegations.
Murder – Mere fact that deceased belonged to a Scheduled Tribe does not, ipso facto, attract provisions of Sections 3(2)(v) and 3(2)(vi) of SC/ST Act, 1989.
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