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AIR 2020 SC 5584
::2021 CRI. L. J. 1
Supreme Court Of India
Hon'ble Judge(s):
L. Nageswara Rao,
Hemant Gupta,
Ajay Rastogi
, JJJ
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989) , S.3(1)(r), S.3(1)(x)— Criminal P.C. (2 of 1974) , S.482— Offence of atrocities- Quashing of charge sheet -Allegations of hurling of abuses against informant who claims title over property-As per FIR, allegations of abusing informant were within four walls of her building and not within public view-Offence under S. 3(1)(r) is not made out merely because informant being a Scheduled Caste - Charge sheet liable to be quashed. (Para 15 24) The offence under Section 3(1)(r) of the Act would indicate the ingredient of intentional insult and intimidation with an intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe. All insults or intimidations to a person will not be an offence under the Act unless such insult or intimidation is on account of victim belonging to Scheduled Caste or Scheduled Tribe. The object of the Act is to improve the socio-economic conditions of the Scheduled Castes and the Scheduled Tribes as they are denied number of civil rights. Thus, an offence under the Act would be made out when a member of the vulnerable section of the Society is subjected to indignities, humiliations and harassment. In the present case, there is dispute about possession of land which is subject matter....
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