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9. The said offence is made out when accused not being member of SC & ST community intentionally insults and intimidates with intent to humiliate a member of Scheduled Caste or Scheduled Tribe in any place within the public view. The ingredient and meaning of different expressions in Sec 3(1)(x) of 1989 Act have been repeatedly analysed by various decisions including that of the Apex Court. One of such decision, relevant extract of which is reproduced below for convenience and ready reference :-

Pertinently mere insult or intimidation as alleged in the present case would have been punishable exclusively u/s 294 and 506 of IPC if victim was not an SC / ST.

9.1 Historically when atrocities towards the members of SC & ST community became rampant, a more stringent law was promulgated where said minor offences of insult and intimidation now attracted more stringent punishment if committed by a non-SC / ST against an SC / ST. For this purpose, parliament enacted SC & ST ( Prevention of Atrocities ) Act, 1989. Earlier the offence of insult and intimidation u/s. 294 and 506 IPC did not provide for any minimum punishment but the same act of insult and intimidation extended by non-SC/ ST against a member of SC / ST under the 1989 Act attracts minimum sentence of six months and maximum of 5 years imprisonment with fine.

10.1 The offence punishable u/s 3(1)(x) of 1989 Act which relates to insult and intimidation extended by non- SC/ ST against SC / ST arises only when allegation demonstrates intention to humiliate the member of SC & ST in a place within public view. Meaning thereby that if the insult / intimidation, by gesture or by words do not reflect that the same were made to humiliate the victim in his / her capacity as an SC / ST and only because that victim belongs to SC & ST community, the said offence u/s 3(1)(x) will not be made out.

13. True it is that the petitioner uttered the word "Aadiwasin" but that by itself does not reflect any intention of insult to the victim just because she belongs to SC & ST community. It appears that petitioner knew that the victim was member of SC & ST community and therefore, in the fit of rage when he was abusing the Project Officer, he uttered the expression 'Aadiwasin'. Even otherwise the expressions 'Aadiwasin' cannot be termed as an abusive word.

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