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SHAMIM AHMED
Viresh Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Shamim Ahmed, J.
Heard learned counsel for the appellants, learned counsel for the respondent no.2, learned AGA and perused the material available on record.
2. By means of the present appeal under Section 14A (1) of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities ) Act, 1989 the appellants have prayed for quashing the impugned summoning order dated 9.3.2021 passed by the learned Special Judge SC/ST Act, Sitapur in Complaint Case No. 242 of 2019 (Smt. Prema alias Ramguni v. Rakesh Singh and others) under Section 452, 323, 504 and 506 IPC and section 3(1)(r) and 3(1)(s) of the SC/ST Act and the proceedings of the said complaint case.
3. In short, the facts of the case are that Prema @ Ramguni wife of Patiram, resident of village Ram Nagar, Police Station- Ramkot, District Sitapur preferred an application under Section 156(3) CrPC before the learned Special Judge (SC/ST Act) Sitapur alleging therein on 16.08.2019 at about 9 PM the appellants entered into the house of the complainant and started abusing the complainant and her husband and also assaulted her husband. On hearing the noise, the sons and daughters came and rescued. The appellants also abused their
The judgment established the principle that for an offence under the SC/ST Act, insults or intimidations must be targeted at the victim because of their scheduled caste or tribe status, and the conte....
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.
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.
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 established that for an offence under the SC/ST Act to apply, there must be intent to humiliate a member of the community in a public context, supported by evidence.
For an offence under the SC/ST Act, there must be intent to humiliate based on caste identity; mere membership in a Scheduled Caste is insufficient.
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