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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Karamjit Singh, J.
Hari Singh - Appellant
Vs.
Dhanna Singh and others - Respondents
CRA-S-1527-SB of 2004
Decided On : 22-01-2024
Scheduled Castes and Scheduled Tribes - Insult and Intimidation - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - The judgment discusses the application of Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the requirement for insult or intimidation to be on account of the victim belonging to the SC/ST community. The court highlights the lack of proof of scheduled caste certificate of the complainant and the absence of independent corroboration for the alleged derogatory language used by the accused, ultimately leading to the acquittal of the appellant.
Fact of the Case:
The appellant and another were convicted under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for insulting and intimidating the complainant, who belonged to the Scheduled Caste. The complainant alleged that derogatory remarks were made against his caste during a panchayat meeting.
Finding of the Court:
The court found that the prosecution failed to prove the insult or intimidation on account of the victim belonging to the SC/ST community. It highlighted the lack of scheduled caste certificate of the complainant, absence of independent corroboration, and the doubtful presence of witnesses, leading to the acquittal of the appellant.
Issues: The issues revolved around the alleged insult and intimidation of the complainant based on his caste, the lack of proof of scheduled caste certificate, absence of independent corroboration, and the delay in lodging the complaint.
Ratio Decidendi: The court emphasized the requirement for insult or intimidation to be on account of the victim belonging to the SC/ST community, as per the settled law. It also considered the lack of proof of scheduled caste certificate, absence of independent corroboration, and the benefit of the delay in lodging the complaint in favor of the appellant.
Final Decision: The appellant's appeal was allowed, and the impugned judgment and order convicting and sentencing the appellant were set aside, leading to the appellant's acquittal.
JUDGMENT :
Karamjit Singh, J.
1. The present appeal has been filed by appellant against the judgment and order dated 17.07.2004 passed by the Court of Special Judge, Amritsar whereby the appellant and one Piara Singh were convicted and sentenced to undergo rigorous imprisonment for a period of 6 months and to pay a fine of Rs.300/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of 15 days each, under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short the Act).
2. The brief facts of the case are that complainant/respondent No.1 Dhanna Singh lodged complaint under Section 3(1) (x) of the Act and under Sections 323, 506 read with Section 34 of IPC against appellant Hari Singh, Piara Singh, Manjit Singh and Kartar Singh with the Illaqa Magistrate, wherein it was alleged that complainant belongs to Scheduled Caste being Mazbi Sikh and his wife was sarpanch of the village at the time of occurrence. That on 20.07.2000 at about 02:00 PM, a panchayat was convened regarding dispute over shamlat land between appellant Hari Singh and one Rattan Singh son of Sardul Singh and at that time Manjit Singh stated to the complainant in a fit of anger “toon shamlat jameen daa mama lagda hai and toon iss jhagrhe wali thaan wichon kee lena hai”. On this Manjit Singh was advised to use sober and polite language. Appellant Hari Singh addressed to the complainant “kuta churha naahove and toon kilo kilo daane mangda phirdan hai” and appellant Hari Singh further proclaimed that complainant being husband of a sarpanch, consider himself to be sarpanch of the village. In the meantime, Piara Singh addressed to the complainant “tenoo kute churhe noon pind wich nihi rehan diange”. Manjit Singh started giving pushes to the complainant and also gave him fist blows and in this manner accused persons intentionally insulted and humiliated the complainant and made aspersions regarding his caste, in presence of the panchayat. The accused being influential persons, police failed to take any action against them.
3. After recording preliminary evidence, the accused were summoned under Section 3 (1) (x) of the Act.
4. On appearance of the accused, the case was committed to the Court of Sessions by the Court of Judicial Magistrate concerned.
5. The trial Court framed charges under Section 3 (1) (x) of the Act and Section 323 read with Section 34 of IPC against appellant Hari Singh, and Piara Singh and under Section 323 IPC against Manjit Singh and under Section 323 read with Section 34 of IPC against Kartar Singh to which, they pleaded not guilty and claimed trial.
6. To prove the charges, prosecution examined PW-1 Dhanna Singh (complainant), PW-2 Jagir Singh and PW-3 Rattan Singh.
7. PW-1 while appearing in the witness box deposed regarding the occurrence which took place on 20.07.2000 at about 02:00 PM when the panchayat was convened to settle dispute regarding shamlat land between Hari Singh and Rattan Singh. PW-1 stated that at that time Manjit Singh asked him whether he is mama of the land and then Hari Singh stated to him that he support the person who gave him wheat in kilos while Piara Singh addressed him “kuttia churharia tinu rehan ni dena”. While Manjit Singh started pushing him and as such the accused person intentionally insulted him by using derogatory remarks against his caste. He further deposed that he reported the matter to the police but police failed to take any action. PW-1 further deposed that he belongs to Scheduled Caste and at the time of occurrence his wife was sarpanch of the village and he used to help his wife.
8. PW-2 Jagir Singh also deposed regarding the aforesaid occurrence and further stated that at that time Manjit Singh stated to the complainant that “toon mama lagda hai” and then Hari Singh addressed to the complainant “kuttia chuharia toon kilo kilo dane mangda hai”. Further Piara Singh addressed to complainant “kuttia chuharia tenu pind wi
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 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....
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 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.
Allegations under the SC/ST Act require intentional insult or intimidation in public view; dismissal of revision upholds trial due to sufficient prima facie evidence.
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