Back
ASHOK KUMAR JAIN
Pokar Mal – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
Mr. Ashok Kumar Jain, J. - Present appeal is preferred under Section 14(A)(1) of the SC/ST (POA) Act aggrieved from order dated 18.05.2019 passed by learned Special Judge, SC/ST (POA) Act cases, Jhunjhunu whereby while allowing the application under Section 193 Cr.P.C., trial Court has proceeded to take cognizance against the appellants under Sections 323 and 341 read with Section 34 IPC and Section 3(2)(v) of SC/ST (POA) Act.
2. In nutshell, the facts of the case are that an FIR No. 136/2018 was registered at P.S. Gudha Gorji on written complaint dated 07.04.2018 wherein it was alleged that when complainant visited her agricultural land, crop of Gram was disturbed and when she spoke to Pokar Mal about such dispersal of crop, he assaulted and humiliated with casteist slur and abusive language. On her call, her husband reached at the spot and was also abused and assaulted. Thereafter, Banarasi Devi, Pramila Devi and Ramdhan arrived at the spot and they assaulted her and her husband. After investigation, police submitted a charge-sheet against Banarasi Devi and Pramila Devi under Sections 34 1 and 323 read with Section 34 IPC and section 3(2)(v)(a) of SC/ST Act. Thereafter on a
The court established that taking cognizance requires substantial evidence, particularly in cases involving allegations under the SC/ST (POA) Act.
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 inquiry under the SC/ST (POA) Act must be conducted by an officer of at least Deputy Superintendent rank, and the definition of 'public view' requires visibility to the public.
The court reaffirmed that a cognizance order can be quashed if it lacks substantial basis and if allegations raised do not prima facie constitute an offence, highlighting the misuse of protective leg....
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
