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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Velayudhan – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. factual basis for the case and complaint (Para 1 , 3 , 4) |
| 2. commencement of appeal regarding allegations under sc & st (poa) act. (Para 2) |
| 3. court observations on caste identity and implications (Para 5 , 11 , 12 , 14 , 15) |
| 4. arguments regarding false suit and monitoring of investigation (Para 6 , 7 , 8 , 10 , 13) |
| 5. findings on the legitimacy of claims under the sc & st (poa) act. (Para 9) |
| 6. need for further investigation concerning the forged document. (Para 16) |
| 7. legal reasoning on acceptance of the investigation report (Para 17 , 18) |
| 8. final conclusion on monitoring investigation and forensic analysis (Para 19) |
JUDGMENT :
The complainant in Annexure A4 complaint (CMP No.550 of 2024), where from 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 o
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 presumption regarding knowledge of caste identity under the SC & ST (PoA) Act exists unless disproved, influencing liability in false litigation cases.
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 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.
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.
The judgment establishes the principle that when the basic ingredients of the offences are missing in the complaint, permitting such a complaint to continue and compelling the accused to face the cri....
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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