Prayagraj. An important news came from the Allahabad High Court on Wednesday regarding the SC-ST Act. The court clearly said that the alleged act of intentionally insulting will constitute a crime under the SC-ST Act 1989 only if it is committed in a public place. Partially accepting the plea of one Pintu Singh and two others, a bench of Justice Vikram D Chauhan quashed the criminal case against the three petitioners for the offense under Section 3(1) (r) of the SC-ST Act. done.
An FIR was registered against these petitioners in November 2017 under various sections of the IPC and Section 3(1)(R) of the SC-ST Act, in which it was alleged that the accused had entered the house of the complainant and used caste-related abuses. and beat him and his family. During the hearing, it was argued that the crime was committed inside the house of the complainant which is not a public place and the incident was not witnessed by the general public, hence no offense is made out under SC/ST law.
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There was no outsider at the incident site.
The petitioner’s lawyer said that an offense under the SC-ST Act is made out only when a person belonging to a Scheduled Caste or a Scheduled Tribe is deliberately insulted in public. On the other hand, the state government’s counsel objected to the arguments of the petitioner’s counsel. However, he could not deny that the incident took place inside the complainant’s house. The court found that after looking at the statement of the complainant and the FIR under Section 161 of CrPC, it was found that no outsider was present at the place where the incident took place.
If the crime happened in front of the public…
The court, in its decision given on May 10, said that under Section 3(1)(r) of the SC-ST Act, it is necessary that the crime should be committed in a public place. While quashing the case regarding the SC-ST Act, the court said, “If the crime has been committed in front of the common people then the provisions of the SC-ST Act will be applicable, but this was not the case in the present case.”
Tags: allahabad high court
FIRST PUBLISHED: May 22, 2024, 23:51 IST