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ASHOK KUMAR JAIN
Jitendra Kumar – Appellant
Versus
State of Rajasthan, Through The Public Prosecutor – Respondent
ORDER
1. The instant S.B. Criminal appeal is preferred under Section 14A(1) of SC/ST (POA) Act, 1989 aggrieved from order dated 25.04.2022 in complaint case No. 20/2021 passed by learned Special Judge SC/ST (POA) Act Cases, Kota whereby complaint of appellant complainant was dismissed.
2. A complaint under Sections 336, 504 and 506 IPC and Sections 3(i), 3(ii) and 3(x) of SC/ST (POA) Act was filed on 06.04.2021 with the allegation that on 24.03.2021 around 11.00P.M. accused called him and inquired about his brother Narendra but complainant had disconnected the call, thereafter, the accused respondent again called him and insulted complainant and his brother using casteist slur and abusive language. This conversation was recorded by the complainant and on the basis of conversation, he craved before learned trial Court for proceeding under Section 156(3) Cr.P.C.
3. Learned trial Court instead of forwarding this complaint to register a criminal case under Section 156(3) Cr.P.C., decided to record the statement of complainant under Section 200 Cr.P.C. and Gajendra Prajapati under Section 202 Cr.P.C. Learned trial Court has also called certain record from concerned police station Dadabari,
The court established that taking cognizance requires substantial evidence, particularly in cases involving allegations under the SC/ST (POA) Act.
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.
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.
Allegations of caste-based abuse must occur in public view to be actionable under the SC/ST (POA) Amendment Act; domestic disputes are not covered under this statute.
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....
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.
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 allegations of caste-based insults beyond reasonable doubt, requiring corroborative evidence, especially in cases involving public view.
Intentional insult and criminal intimidation – Intention to insult or intimidate with an intent to humiliate a member of Scheduled Castes and Scheduled Tribe must be in any place within public view.
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