IMPORTANT POINT
Knowledge of the victim's caste identity is essential for establishing an offence under Section 3(2)(va) of the SC/ST Act, and such knowledge can be presumed if the accused had personal knowledge of the victim.

ORDER :

1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure (‘Cr.P.C.’ for short) seeking to quash Annexure-1 F.I.R. in Crime No. 64/2022 of Kidangoor Police Station, Kottayam, final report thereof and consequential S.C. No. 342/2022 pending before the Special Court, Kottayam. The petitioners are accused Nos. 1 and 2 in this case.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the relevant documents.

3. Here the prosecution alleges commission of offences punishable under Sections 352, 294(b), 323 r/w 34 of the Indian Penal Code as well as Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’ for short). The prosecution case is that accused 1 and 2, who do not belong to either Scheduled Caste or Scheduled Tribe community, knowing fully well that the second witness, who is the son of the 6th witness, a member of Hindu Pulaya community, assaulted the second witness. The specific allegation is that the 2nd accused caught hold on the neck of the second witness, abused him, beaten him and kicked him down. The 1st accused and the sixth witness reached the place of occurrence, on hearing the noise. Then the 1st accused, beat on the body of the first witness along with the 2nd accused and assaulted the second witness. While trying to rescue the second witness by witness Nos. 6, 4, 5 and 1, the first witness sustained mental strain and the second witness sustained injuries. On this allegation, crime was registered alleging commission of offences punishable under Sections 323, 324, 326, 341, 506 read with Section 34 of IPC as well as under Section 3 of the SC/ST Act, on receipt of a complaint forwarded by the Magistrate under Section 156(3) Cr.P.C. Thereafter, the matter was investigated and final report was filed alleging commission of the offences now alleged in the final report.

4. While pursuing the relief of quashment of the proceedings, the learned counsel for the petitioners argued that there is no materials available in the prosecution records to incorporate offence under Section 3(2)(va) of the SC/ST Act though he did not argue on the other offences made out, prima facie, in the prosecution records. According to the learned counsel for the petitioners, the petitioners seek quashment of the proceedings alleging commission of offence punishable under Section 3(2)(va) of the SC/ST Act.

5. Strongly opposing the contention, the learned Public Prosecutor read out the statements of CW1, CW2, and CW6 to substantiate that the accused persons, who do not belong either to Scheduled Caste or Scheduled Tribe community, attacked the second witness knowing his tribal identity as a member of Hindu Pulaya community, which is a Scheduled Caste. Therefore, offence under Section 3(2)(va) of the SC/ST Act is made out, prima facie, and in such a case quashment of the said offence could not be considered.

6. On perusal of the prosecution records, in the statements of CW1, CW2 and CW6, the ingredients to attract offences punishable under Section 352, 294(b), 323 r/w 34 of IPC are well made out, prima facie, and therefore quashment sought for in relation to the said offences would not succeed, as even conceded by the learned counsel for the petitioners. However, the contention raised by the learned counsel for the petitioners to the effect that offence under Section 3(2)(va) is not made out for want of ingredients, to be addressed in view of the arguments and on scrutiny of the prosecution records in juxtaposition with the statutory phraseology in Section 3(2)(va) of the SC/ST Act. In this connection it is relevant to refer Section 3(2)(va) of the SC/ST Act which provides as under:

“3. Punishments for offences of atrocities:

(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe:

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(2) (va) commits any offence specified in the Schedule, against a person or property, knowing tha