The central legal point established in the judgment is the requirement to establish the intention to humiliate a member of SC & ST community in a place within public view for an offence under Sec. 3(1)(x) of the 1989 Act.

1. The revisional powers of this court u/s 397 r/w Sec. 400 IPC are invoked to assail the farming of charge against the petitioner by order dated 27.04.2017 passed in S.S.T. No. 19/2016 rendered by Special Judge, S.C/S.T. (Prevention of Atrocities) Act, Shivpuri in respect of offences punishable u/s 294, 504, 353, 506 Part-II IPC and Sec. 3(1)(x) of S.C. & S.T. (Prevention of Atrocities) Act, 1989 ( for brevity 1989 Act')

2. The challenge herein is restricted to the farming of charge u/s 3(1)(x) of 1989 Act.

3. Pertinently, this Court by interim order dated 13.11.2017 stayed the proceedings of the Special S.T. No. 19/2016 pending before Special Judge, S.C/S.T. (Prevention of Atrocities) Act, which continues to be subsisting till date.

4. Learned counsel for the rival parties are heard on the question of admission and as well as final disposal.

5. Learned counsel for the petitioner pointing towards the allegation in FIR and supportive material including the original complaint of the complainant and Sec. 161 Cr.P.C. statements of the prosecution witnesses, submits that the offence punishable u/s 3(1)(x) of the 1989 Act is not made out as the humiliation alleged to be extended by petitioner by way of insults/intimidation was not directed against the victim in her capacity as a member of SC & ST community but were towards the official capacity of the victim, who at the relevant point of time held the post of Project Officer, Integrated Child Development Project (ICDP), Block Badarwas, District Shivpuri.

5.1 It is submitted that petitioner got enraged by refusal of the victim to allow the joining of one Smt. Vandana Chaturvedi (sister-in-law of the petitioner) on the post of Anganwadi Worker. To give vent to his pent up feelings, it is submitted that petitioner uttered abusive words to the victim. It is submitted that with this factual background, it is clear that the insult and intimidation was extended towards the project officer and not towards the victim in her capacity as a member of SC & ST community and thus the basic ingredients of the offence punishable u/s 3(1)(x) of 1989 Act are not made out.

6. Learned counsel for the State and the victim seeking dismissal of this revision contend that intimidation and insult is clearly evident from the abusive words uttered. It is also submitted that apart from abusive words, the expression “Adiwasin” was used by the petitioner to insult the victim and therefore, it is submitted that prima facie the offence punishable u/s 3(1)(x) of 1989 Act is made out which can sustain the impugned charge.

7. A close scrutiny of the allegations in the FIR and the original complaint of the victim dated 17.09.2014 reveals that on 15.09.2014 when victim was discharging her duties as Project Officer, ICDP, Badarwas, at 11:30 am petitioner visited the office of victim and approached her insisting for joining of Smt. Vandana Chaturvedi (sister-in-law of the petitioner) as Aanganwadi Worker, Ward No. 13 +14+15 Badarwas to which the victim asked for production of certain requisite documents. This enraged the petitioner who uttered abusive words. It is alleged that the victim was also intimidated of dire consequence of life if joining of Smt. Vandana Chaturvedi is not allowed. Subsequently on 10.11.2014 the statement u/s 161 Cr.P.C. of the victim was recorded which also disclosed the same allegations of uttering abusive words for the victim and also calling her Aadiwasin.

8. Before embarking upon the judicial scrutiny of validity of the impugned charge relevant provision of 3(1)(x) of 1989 Act is reproduced below for ready reference and convenience :

3. Punishments for offences of atrocities -(1) whoever, not being a member of a Scheduled Caste or Scheduled Tribe-

(i) xxxxxx

(ii) xx xx xx

…........

…........

(x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or Scheduled Tribe in any place within public view.

….......

….......

9. The said offence is made out when accused not