THE MADURAI BENCH OF MADRAS HIGH COURT
K.K.RAMAKRISHNAN, J
Velmurugan – Appellant
Versus
State through, The Deputy Superintendent of Police – Respondent
JUDGMENT :
K.K.Ramakrishnan, J.
The appellant/sole accused in Spl.S.C.No.342 of 2009, on the file of the learned Special Judge for SC/ST Act cases, Sivagangai, filed this appeal challenging the conviction and sentence imposed against him, in Spl.S.C.No.342 of 2009, dated 03.12.2018, by the learned Special Judge for SC/ST Act cases, Sivagangai, and acquit the appellant.
2. The Brief facts of the prosecution case reads as follows:
On 17.02.2005, at about 06.00 p.m., due to previous enmity, when the defacto complainant was sprinkling water on the floor in front of her house situated at Chinnavalayankulam, the accused is said to have abused the defacto complainant by calling her caste name. When the same was questioned by the defacto complainant, the appellant assaulted her with a wooden log on her head and caused simple injury. On hearing the alarm made by P.W.1, P.W.2, who is the daughter of P.W.1 came there and tried to prevent the assault. In that process, she also sustained simple injury. Based on which, the defacto complainant gave a complaint before P.W.8. The same was registered in Crime No.89 of 2005, for the offences under Sections 294(b) and 323 of IPC r/w Section 3(1)(x) of the
Swaran Singh and Others Vs. State Through Sanding Counsel and Another
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....
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.
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.
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.
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 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.
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 prosecution must prove its case beyond reasonable doubt, and failure to provide credible evidence results in acquittal.
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