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LATEST NEWS UPDATES | Can't Invoke SC/ST Act If Victim Not Abused in Public: Court

Can't Invoke SC/ST Act If Victim Not Abused in Public: Court

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published Published on Nov 15, 2012   modified Modified on Nov 15, 2012
-Outlook

One cannot be prosecuted for hurling castiest abuses at a person from scheduled caste or tribe unless it is proved that the incident took place in "full public view," a Delhi court has said.

Additional Sessions Judge Rajnish Bhatnagar made the observation, referring to a provision of the Scheduled Castes and Tribes (Prevention of Atrocities) Act and discharging three members of a family of charges under the Act.

"From the bare reading of this section, it is apparent that the alleged abuses must have been given by the accused to the complainant in full 'public view'. In order to bring home the point that this ingredient is not fulfilled even if the allegations are found to be correct though the abuses have not been given in full public view," the court said.

It, however, clarified the accused, which included man, his wife and their son, be tried by a magisterial court under the IPC for allegedly hurting the complainant and wrongfully restraining him.

Initially, the accused were also charged for insulting and humiliating a member of scheduled caste member in violation of SC/ST (Prevention of Atrocities) Act.

"From the statement of complainant, it appears that when the incident took place, the complainant and only accused party were present at the spot and what transpired between them has not been alleged to have taken place within full public view.

"So in these facts and circumstances, it cannot be said that all the ingredients of...The Act are fulfilled in the instant case," the judge said.

The FIR had alleged that the father-son duo had accosted the complainant in an inebriated state near their house at Sindhu village here on November 25, 2011 and had beaten him up.

Later, the woman too had joined them and made derogatory caste-based remarks against the complainant, it said.

Absolving the accused of charges under the SC/ST Act, the court lent credence to a report of a police officer which said the allegations were "baseless" and "motivated."

The ASJ, however, said the accused trio would be tried by a magisterial court for offences punishable under sections 323 (voluntarily causing hurt) and 341 (wrongful restrain) of the IPC.

Outlook, 15 November, 2012, http://news.outlookindia.com/items.aspx?artid=780825


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