Acquittal justified as prosecution failed to prove intentional insult or humiliation under the Atrocities Act.

1. Seeking leave to appeal under S.378(3) of the CrPC the instant appeal has been filed by the State questioning the order of acquittal dated 28-3-2011 passed by Special Sessions Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989, Korba, District Korba (hereinafter called as ' Special Judge (Atrocities)' ) in Special Sessions Trial No. 56/2006, by which, the respondent has been acquitted from the charges framed under S.3(1)(x) of the , 1989 (hereinafter called as ' Atrocities Act' ).

2. The case of the prosecution, in Short, is that on 29-9-2009, at about 9.30 a.m. the respondent, at village, Police Station Kartala abused the complainant - Kamal Singh Rathiya (P.W. 1), member of Scheduled Tribe at public place in the name of caste and threatened him to kill. Thereafter, the complainant lodged First Information Report (Exhibit - P / 1) to the police station Kartala and offence under S.294, S.506, Part - II, IPC and 3(1)(x) of the Atrocities Act was registered against the respondent.

3. To establish the charges under the aforesaid provisions, during the course of investigation, the police has prepared spot map and also statements of witnesses were recorded. Caste certificate of the complainant was seized and after completion of investigation, charge - sheet was filed before the jurisdictional Criminal Court.

4. Thereafter, the learned Special Judge (Atrocities) framed the charges for the aforesaid offences, which was pleaded no guilty by the respondent herein.

5. In order to bring home the offence, prosecution examined as many as six witnesses and brought six documents (Exhibits - P / 1 to P / 6) in support of his case, whereas, defence examined two witnesses and brought no document.

6. Upon appreciation of evidence available on record, the learned Special Judge (Atrocities), by its order dated 28-3-2011, convicted the respondent for the offence punishable under S.294, IPC and acquitted for the offence punishable under S.506, Part - II read with S.3(1)(x) of the Atrocities Act.

7. Against the order of acquittal dated 28-3-2011, the State / appellant has sought leave to file appeal.

8. Mr. Raj Kumar Gupta, learned Deputy Govt. Advocate appearing for the State / Appellant would submit that learned Special Judge (Atrocities) has committed manifest error in acquitting the respondent for the offence punishable under S.3(1)(x) of the Atrocities Act, as such, the order of acquittal is bad in law.

9. I have heard learned counsel for the appellant.

10. In order to Judge the correctness of the impugned order, it would proper to notice S.3(1)(x) of the Atrocities Act: -
3. Punishments for offences of atrocities. - (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, -
(i) - (ix) xxxx xxxx xxxx
(x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;
shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.

11. Thus, to bring home an offence punishable under S.3(1)(x) of the Atrocities Act, the prosecution is to prove following ingredients :
(i) 'that the accused - appellant was not a member of the Scheduled Caste or a Scheduled Tribe.......' ;
(ii) the complainant ' was intentionally insulted or intimidated by the accused' ;
(iii) such intentional insult or the intimidation was ' with intent to humiliate' such member; and
(iv) this intentional insult or intimidation with an intent to humiliate must be in