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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K.Ramakrishnan, J
Ganesh – Appellant
Versus
State Rep by The Deputy Superintendent of Police – Respondent
JUDGMENT
This Criminal Appeal has been filed against the conviction and sentence imposed against the appellants in S.C.No.44 of 2012 by judgment dated 15.03.2019, by the learned Sessions Judge, Special Court for PRC Cases (Sessions Court), Sivagangai.
2. The accused in S.C.No.44 of 2012, on the file learned Sessions Judge, Sessions Court for PRC Cases, Sivagangai District have filed this Criminal Appeal challenging the following conviction and sentence imposed on them by the impugned judgment dated 15.03.2019 in S.C.No.44 of 2012, by the learned Judge, Special Court for PRC Cases, Sivagangai District.
| Sl. No | Accused No. | Offence Punishable under Section | Sentence of Imprisonment and fine |
| 1 | A1 & A2 | 294(b) of IPC | To pay a fine of Rs.1,000/-, in default, to undergo 1 month rigorous imprisonment. |
| 2 | A1 & A2 | 323 of IPC | To pay a fine of Rs.1,000/-, in default, to undergo 1 month rigorous imprisonment. |
| 3 | A1 & A2 | 354 of IPC | 1 year of Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo 1 month Rigorous imprisonment. |
| 4 | A1 & A2 | 3(1)(X) of SC/ST Act, | 1 year of Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo 1 month Rigorous imprisonment. |
| 5 | A1 & A2 | 3(1)(Xi) of SC/ST | |
The prosecution must prove its case beyond reasonable doubt, and failure to provide credible evidence results in acquittal.
For an offence under the SC/ST Act, the insult must occur in public view with independent witnesses present; absence of such evidence leads to acquittal under this Act.
Independent witness testimony is crucial for establishing offences under the SC/ST Act; absence of such evidence resulted in acquittal under that section while confirming convictions under IPC.
Insufficient evidence for caste-based abuse under SC/ST Act and lack of annoyance for IPC 294(b) conviction led to partial allowance of appeal.
Insufficient evidence of public view undermines SC/ST Act charges; mere abusive language not enough for IPC Section 294(b) without proof of annoyance; conviction for injury under IPC Section 323 conf....
Conviction under IPC for assault confirmed; however, SC/ST Act charges dismissed due to failure to prove insult in public view as required by law.
The absence of independent witnesses undermines the prosecution's case under the SC/ST Act, confirming the necessity of public view for establishing caste-based offences.
The court elucidated that the requirements of public view and corroborative evidence are critical to establish an offense under the SC/ST Act, highlighting the necessity of independent witnesses and ....
The prosecution must prove allegations of caste-based insults beyond reasonable doubt, requiring corroborative evidence, especially in cases involving public view.
The court held that inconsistent evidence and lack of independent witnesses failed to prove the appellant's insults and threats were made in public view, leading to acquittal under the SC/ST Act.
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