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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Lal Singh s/o Shri Nawal Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Farjand Ali, J.
1. By way of filing the instant appeal, the appellant assails the judgment and order dated 06.12.1993 passed by learned Judge, Special Court for SC/ST Cases, Jodhpur, in Sessions Case No. 102/93, whereby the appellant has been convicted under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The impugned judgment is assailed as being illegal, arbitrary and contrary to the facts and law on record, having been passed without proper appreciation of the evidence and applicable legal principles, thereby resulting in grave miscarriage of justice to the appellant.
Facts of the Case
2. The prosecution case, in brief, is that on 27.07.1993, the complainant Shri Taja Ram, resident of Village Sovaniya, Tehsil Bilara, District Jodhpur, submitted a complaint before the Court of the learned Munsif and Judicial Magistrate, Bilara, alleging commission of an offence under Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The said complaint was forwarded to Police Station Bilara under Section 156(3) Cr.P.C., whereupon FIR No. 272/93 was registered on 07.08.1993. It was alleged th
A conviction under the SC/ST Act requires conclusive proof of intentional insult based on caste; mere verbal disputes over monetary issues do not fulfill this requirement.
The mens rea is essential to attract the offence punishable under Section 3(1)(x) of the SC & ST Act, and the utterances made in the name of caste should be with an intention to humiliate or intimida....
To convict under Section 3(1)(x) of the SC/ST Act, the alleged insult must occur in a place 'within public view,' which was not established in this case.
The judgment establishes the requirement for insult or intimidation to be on account of the victim belonging to the SC/ST community under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes ....
The prosecution must prove caste status with reliable documentation for the SC & ST Act to apply, and abuses must occur in public view to constitute an offense.
Procedural violations in criminal investigations can lead to the reversal of convictions under special laws protecting marginalized communities.
The appellate court found procedural errors in altering charges and inadequacies in prosecution evidence, leading to the acquittal of the accused under the SC/ST Act.
The court clarified the requirements for conviction under the SCST Act versus IPC Section 354, emphasizing necessary evidence of intent tied to caste status for SCST convictions.
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