High court: SC/ST Act can't apply solely due to complainant's caste
PRAYAGRAJ, Sept. 13 -- The Allahabad high court has observed that the mere fact that the complainant belongs to the Scheduled Caste or Scheduled Tribes does not attract an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, adding that for constituting an offence under the said Act, its ingredients must be present.
The high court made these observations while quashing the criminal proceedings against the accused to the extent of the SC/ST Act.
Though the dispute was relating to a property but SC/ST Act was added because one party which was complainant was Scheduled Caste.
While partly allowing the criminal appeal filed by Raju Kuraishi and four other accused, Justice Santosh Rai said, "So far as the offence under the SC/ST Act is concerned, there is no material in the FIR or case diary to indicate that the accused-applicant used any caste based words or abused, insulted or humiliated the victim on the ground of his belongings to Scheduled Caste or Scheduled Tribes."
"Admittedly, the dispute between the parties essentially arise from a transaction concerning sale of disputed property," the court added.
In the judgment dated September 8, the HC directed to discharge the accused so far as SC/ST Act is concerned passed by special judge SC/ ST Act Ghaziabad.
However, the HC made it clear the criminal proceedings will continue so for as other offence like cheating is concerned....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.