{"id":1307,"date":"2024-01-04T16:40:49","date_gmt":"2024-01-04T11:10:49","guid":{"rendered":"https:\/\/xpertslegal.com\/blog\/?p=1307"},"modified":"2024-01-04T17:37:25","modified_gmt":"2024-01-04T12:07:25","slug":"allahabad-hc-rules-that-offence-under-sc-st-act1989-is-not-made-out-if-accused-has-not-abused-by-caste-name-in-any-place-within-the-public-view","status":"publish","type":"post","link":"https:\/\/xpertslegal.com\/blog\/allahabad-hc-rules-that-offence-under-sc-st-act1989-is-not-made-out-if-accused-has-not-abused-by-caste-name-in-any-place-within-the-public-view\/","title":{"rendered":"Allahabad HC rules that offence under SC\/ST Act,1989 is not made out if accused has not abused by caste name in any place within the public view"},"content":{"rendered":"

Bhaiya Lal Singh\u00a0<\/strong> (Appellant ) Vs.\u00a0 \u00a0<\/strong>State Of U.P\u00a0 <\/strong>( Respondent)<\/p>\n

CRIMINAL APPEAL No. – 739 of 2022<\/p>\n

(Delivered by Hon’ble Shamim Ahmed,J.)<\/p>\n

Facts: <\/u><\/strong>The instant Criminal Appeal under Section 14-A(1) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed by the appellant, namely, Bhaiya Lal Singh with a prayer to set aside the proceedings of the Special Sessions Trial No.107 of 2022 (State Vs. Manager B.L. Singh and Others) arising out of Case Crime No.439 of 2021, Police Station-Kotwali, District-Raebareli, under Section 143 and 506 I.P.C. as well as under Section 3(1)(Dha) of S.C.\/S.T. Act, 1989, pending in the Court<\/a> of learned Special Judge, S.C.\/S.T. Act, Raebareli. Further prayer is to set aside the impugned cognizance as well as summoning order dated 07.02.2022 passed by learned Special Judge, S.C.\/S.T. Act, Raebareli in the aforesaid case, whereby cognizance was taken against the appellant.<\/p>\n

Issue:<\/u><\/strong> Whether the appellant is guilty of the offences under Section 143 and 506 I.P.C. as well as under Section 3(1)(Dha) of S.C.\/S.T. Act, 1989?<\/p>\n

Arguments on behalf of counsel for appellant:<\/u><\/strong> Sri Rakesh Kumar Chaudhary<\/p>\n

Learned counsel for the appellant submitted that the facts of the case is that the appellant is an educationist by profession and runs a school, named as, BSS Public School at Anmol Vihar in Raebareli and he also the manager of the said institution, which is affiliated to C.B.S.E. Board. On 30.07.2021, 2 result of Class XIIth by C.B.S.E. Board was declared for the academic year 2020-2021, wherein total 140 students appeared from the school of the appellant and out of which, 129 students passed, 23 students had to write compartment examination and 11 students failed. Out of the 11 failed students, one student, namely, Ritesh Sonkar is the son of respondent no.3. Learned counsel for the appellant further submitted that aggrieved by the fact that son of the respondent no.3 failed, the respondent no.3 entered into the school premises and started misbehaving and abusing the teachers.<\/p>\n

Arguments on behalf of counsel for respondent:<\/u><\/strong> Sri Vaibhav Kalia<\/p>\n

Shri Vaibhav Kalia, learned counsel for the respondent No.3 has opposed the arguments raised by the learned counsel for the appellant and has submitted that offences under Section 143 and 506 I.P.C. and under Section 3(1)(dha) of SC\/ST Act are made out against the appellant. As per the version of the F.I.R.<\/a> the appellant had abused the complainant\/informant with caste words outside the house, where other persons were present, therefore, offence under Section 3(1)(dha) of SC\/ST Act will be made out against the appellant. Similarly, outside the house other persons were also present, therefore, it is a public view. In these circumstances the impugned order dated 07.02.2022, summoning the appellant and taking cognizance, was rightly passed, as such, the same is not liable to be quashed and the instant appeal is liable to be dismissed In support of his argument, learned Counsel for the respondent No.3 has placed reliance on the judgment of Hon’ble Apex Court in the case of Mohd. Allauddin Khan vs. State of Bihar and Others reported in (2019) 6 SCC 107.<\/p>\n

Held:<\/u><\/strong> The court allowed the present appeal and held that, \u201cIn the present case, this Court finds that the appellant has not abused the respondent No.3 by caste name in any place within the public view, even though, the respondent No.3 has not stated anything about abuses hurled to him by the appellant nor any caste language has been used against the respondent No.3, thus, the allegations as leveled in the F.I.R. does not constitute offence under Section 3(1)(Dha) of the Act, 1989. Thus, from the perusal of the above no ingredients of Section 3(1)(Dha) of the Act, 1989 are attracted in the present case as there is no abuse by caste name in any place within the public view,\u201d<\/em><\/p>\n

The court observed that, \u201cas per his own case, the respondent No.3 clearly stated in the F.I.R. and in his statement recorded under Section 161 Cr.P.C. that whatever incident took place that took place inside his house, thus, it is not a place within a public view as no outsider was sitting in the room nor anyone has seen the alleged incident. Even the independent witnesses whose names were taken by the respondent No.3 were also not present inside the house at the time of the alleged incident and they have not supported the alleged incident in their statements recorded under Section 161 Cr.P.C. It is further observed that offence under the Act, 1989 is not established merely on the fact that the informant\/complainant is a member of Scheduled Caste unless there is an intention to humiliate a member of Schedule Caste or Schedule Tribe for the reason that the victim belongs to such caste. In the present case, the appellant runs an institution affiliated to C.B.S.E. Board and as per the allegations in the F.I.R., the respondent No.3 has made averments that the appellant had intentionally failed the son of the respondent No.3 but the result and examination is the sole responsibility of the C.B.S.E. Board it has nothing to do with the appellant or any other staff of his institution regarding declaration of result of Class XIIth.\u201d<\/em><\/p>\n\n","protected":false},"excerpt":{"rendered":"

Bhaiya Lal Singh\u00a0 (Appellant ) Vs.\u00a0 \u00a0State Of U.P\u00a0 ( Respondent) CRIMINAL APPEAL No. – 739 of 2022 (Delivered by Hon’ble Shamim Ahmed,J.) Facts: The instant Criminal Appeal under Section 14-A(1) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed by the appellant, namely, Bhaiya Lal Singh with a […]<\/p>\n","protected":false},"author":1,"featured_media":1309,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-1307","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-judgement"],"_links":{"self":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/1307","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/comments?post=1307"}],"version-history":[{"count":4,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/1307\/revisions"}],"predecessor-version":[{"id":1320,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/1307\/revisions\/1320"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media\/1309"}],"wp:attachment":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media?parent=1307"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/categories?post=1307"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/tags?post=1307"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}