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SHREE PRAKASH SINGH
Indramani Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Shree Prakash Singh, J.
Heard Shri Sameer Singh, Advocate assisted by Shri Shashank Singh, learned Counsel for the appellants, Shri Anirudh Kumar Singh, learned A.G.A.-I for the State.
2. This criminal appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed with a prayer to quash the summoning order dated 04.02.2023 under Section 147 , 323, 326-A, 504 of IPC and 3(1)X SC/ST Act, 1989 arising out of Complaint Case No.118 of 2019 (Jagannath Vs. Sitaram & Ors.) pending before the learned Special Judge, SC/ST Act, Ambedkar Nagar and the entire criminal proceedings arising out of the aforementioned complaint case.
3. Learned Counsel appearing for the appellants submit that the appellants are innocent and have falsely been implicated in the instant matter. He submits that the First Information Report was lodged on 09.01.2017 and thereafter, the Investigating Officer conducted investigation and found no material against the appellant so far as the allegations leveled in the First Information Report is concerned and thus the final report was submitted on 05.07.2017. On such final report, the complainant filed the p
Assault and abuse in public view – Public view is an essential ingredient to constitute offence under Section 3(1) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Mere allegations without evidence of public view do not constitute an offence under the SC/ST Act unless insults target caste identity in a public context.
The court upheld that a prima facie case is sufficient for cognizance under the SC/ST Act, emphasizing that detailed evidence analysis is not required at this stage.
The court ruled that for an offence under the SC/ST Act, abuse must occur in public view, which was not established, leading to quashing of proceedings.
Sufficient evidence must link alleged acts to an intent to humiliate based on caste identity for the application of the SC/ST Act.
The court clarified the interpretation of 'within public view' in the context of the Atrocities Act, holding that a place can be considered 'within public view' even if it is a private place, provide....
The presence of an incident in public view suffices to establish an offence under the SC/ST Act, regardless of whether it was witnessed by the public.
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