VINOD S. BHARDWAJ, J. (Oral)

CRM-14938-2015

Application is allowed as prayed for.

CRM-A-805-MA-2015

The present application filed under Section 378(4) Cr.P.C. seeking leave to file the appeal against the impugned judgment dated 07.02.2015 passed by the Judge, Special Court, Bathinda.

For the reasons mentioned in the application and leave to appeal is granted to the applicant to challenge the impugned judgment dated 07.02.2015 passed by the Judge, Special Court, Bathinda.

Appeal be registered and the same is taken up on Board today itself for arguments.

CRA-AS-84-2026

The present appeal has been preferred by the complainant against the judgment dated 07.02.2015 passed in Sessions Case File No.99 of 2014 pertaining to complaint under Section 3, 5 and 7 of the Scheduled Cate and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 323 read with Section 34 of the Indian Penal Code, 1860 whereby the respondent accused persons had been acquitted by the Judge, Special Court.

2. Briefly summarised, the facts of the present case are that the appellant-complainant instituted a complaint against respondents-accused Bhupinder Kaur and Harbir Singh alleging commission of offences punishable under Sections 3, 5 and 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as well as under Sections 323 and 34 of the Indian Penal Code, 1860. It was alleged in the complaint that the appellant belongs to the “Chamar” community, which is recognised as a Scheduled Caste, whereas the respondents-accused belong to a higher caste. The respondent-accused No.1, namely Bhupinder Kaur, was serving as Head Mistress in the same school where the appellant-complainant was working as a teacher. As per the allegations, respondent-accused No.1 had earlier falsely implicated the appellant-complainant in a criminal case under Sections 354 and 323 IPC by concocting a fabricated story against him. It was further alleged that on 18.03.2011, when the appellant-complainant had come to attend Court proceedings and was present in the Court complex at about 10:00/10:15 AM along with Sukhminder Singh and another person, the respondents-accused became enraged and, without any provocation, started abusing and humiliating him by referring to his caste. The complaint further alleged that respondent-accused No.1 uttered caste-related remarks against the appellant and exhorted respondent-accused No.2, namely Harbir Singh, to teach him a lesson. Thereafter, respondent-accused No.2 caught hold of the collar of the appellant-complainant and also uttered derogatory and humiliating caste-based remarks against him. It was specifically alleged that the respondents-accused intentionally insulted and humiliated the appellant complainant by using caste-related abuses within the precincts of the Court complex and in the presence of several persons, thereby causing humiliation and intimidation to the appellant on account of his caste identity. The complainant thereafter made an attempt to pacify the circumstances and objected to such conduct, however, the respondent-accused No.1 as well as respondent No.2 uttered the following words:-

“Chuhria Chmara Dehda Tu Sadi Brabri Karn Di Koshish Na Kar, Teri Ayani Himat Tun Sade Nal Juban Lurianda Hai Tera Kam Sadian Jutian Saf Karna Hai Ate Tu Apni Oukat Na Bhul Nahi Tan Tera Oh Hal Kar Dyange Ke Tun Yad Rakhega" and accused No.2 continued to call the complainant by his caste and abusing and said "Sarkar Ne Tera Vergey Chuhrian Chamaran Nu Aive Sir Chara Rakhia Hai Par Main Tenu Teri Oukat Dikha Ke Rahuga Ate Tera Oh Hal Kar Daynga Ki Tun Apne Aap Hi Sadi Gulami Karn Lag Javenga."

The complainant objected to the said wording and requested him not to indulge into the said immoral and illegal acts and not to insult the complainant at the public place. The accused again in an attempt to cause physical assault to the petitioner gave kick blow on his person in the court premises in public place and uttered " Tus