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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Suranjan Mandal @ Suranjoy Mandal – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. introduction of case facts and fir details. (Para 1 , 2) |
| 2. petitioner's arguments against allegations. (Para 3 , 4 , 5) |
| 3. state's defense for prosecution. (Para 7 , 8 , 9) |
| 4. court's considerations on evidence. (Para 10 , 11 , 12) |
| 5. legal framework and analysis of sc/st act. (Para 13 , 14 , 15 , 16 , 17) |
| 6. conclusion and dismissal of the application. (Para 18 , 19 , 20 , 21 , 22 , 23) |
JUDGMENT :
Ajay Kumar Gupta, J.
1. Petitioner/accused preferred this Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘CrPC’), seeking quashing of the proceeding being Spl. P.A. – 10 of 2022 arising out of Itahar P.S. Case No. 304/22 dated 16.05.2022 under Sections 341 /323/325/307/506/34 of the Indian Penal Code (in short ‘ IPC ’) read with Section 3 (1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short ‘the 1989 Act’) and charge sheet bearing no. 596/2022 dated 31.12.2022 under /323/506/34 of read with (1)(r)(s) of the 1989 Act thereof pending before the Learned Judge, Special Court (POA Act), Raiganj, Uttar Dinajpur.
FACTS OF THE CASE:
2. The brief facts, essential for the purpose of disposal
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.
No prima facie case for framing charges under IPC 307 absent life-endangering intention on non-vital injuries; SC/ST Act inapplicable sans public-heard caste slurs, corroboration, amid rivalry and FI....
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 prosecution must prove each element of the offence beyond a reasonable doubt, including the nature of injuries and adherence to procedural requirements in cases under the SC/ST (POA) Act.
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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