AIR 2017 SUPREME COURT 1583 ::AIR 2017 SC (Criminal) 644 ::2017 (3) AJR 323 ::(2017) 2 CriLR(Raj) 620 ::2017 (13) SCC 439 ::(2017) 4 Crimes 311

Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): R. K. Agrawal, Ashok Bhushan , JJ

Criminal P.C. (2 of 1974) , S.438— Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989) , S.3, S.18— Anticipatory bail - Grant of - Accused allegedly entered into quarter of complainant and caught hold of her with intent to outrage her modesty and called her with caste name - Prima facie case made out against accused - Mala fide or bona fide of case can only be considered at time of trial - In view of specific bar under S. 18 of SC/ST Act - Grant of anticipatory bail to respondents, unjustified. Cri. Misc. No. 25561 of 2014, D/- 3-12-2014 (Patna), Reversed. The use of word 'Harijan' 'Dhobi' etc. is often used by people belonging to so-called upper castes as a word of insult, abuse and derision. Calling a person by these names is nowadays an abusive language and is offensive. It is basically used nowadays not to denote a caste but to intentionally insult and humiliate someone. One should always keep one thing in our mind and heart that no people or community should be today insulted or looked down upon, and nobody's feelings should be hurt. Though offences which are enumerated under S. 3 of the SC/ST Act are offences which, to say least, denigrate members of Scheduled Castes and Scheduled Tribes in eyes of society and prevent them from leading a life of dignity and self-respect. Such offences are committed to humili....