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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Dharmendra Yadav @ Dharbindar Kumar – Appellant
Versus
State of Bihar Bihar – Respondent
ORAL JUDGMENT :
Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.
2. The present appeal is directed against the order dated 08.10.2024 passed by the learned Exclusive Judge SC and ST (POA) Act, Darbhanga in connection with SC/ST Case No. 49 of 2024 arising out of SC/ST P.S. Case No. 75 of 2023 registered under 341, 323, 324, 354(B), 379, 504, 506, 34 of the IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) SC/ST (POA) Act, 1989 whereby and whereunder cognizance for the offences punishable under 341, 323, 324, 504, 34 of the IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) SC/ST (POA) Act, 1989 has been taken against the appellants.
3. The prosecution story, in brief, is that appellants runs a Chola Bhatura shop at Chhotu Market (Khirma). On 12.09.2023, appellants abused the informant by calling his caste name and told him to clean the room of ATM upon which the informant reacted to the appellants about the manner of speaking. Thereafter, appellants again abused the informant by his caste name. It is alleged that appellant no. 2 wearing iron fighter assaulted the informant upon his head and nose as a result of which informant sustained injury upon his hea
A prima facie case must be established at the cognizance stage, particularly under the SC/ST Act, focusing on whether allegations, even if taken at face value, constitute an offense.
The court ruled that for an offence under the SC/ST Act, abuse must occur in public view, which was not established, leading to quashing of proceedings.
The court affirmed the need for sufficient grounds to proceed against the accused at pre-trial, highlighting that mere allegations warrant trial initiation under applicable laws.
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.
Cognizance under the SC/ST Act cannot be sustained if the informant is not a member of Scheduled Caste or if the involvement is merely circumstantial related to civil disputes.
The main legal point established in the judgment is the requirement of the requisite mens rea to intentionally insult or intimidate a person of SC or ST to humiliate him within public view under Sect....
Cognizance under the SC/ST (Prevention of Atrocities) Act is valid based on prima facie evidence, even if contradicted by the Investigating Officer's findings.
The prosecution must prove caste status with reliable documentation for the SC & ST Act to apply, and abuses must occur in public view to constitute an offense.
Sufficient evidence must link alleged acts to an intent to humiliate based on caste identity for the application of the SC/ST Act.
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