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1. The present criminal appeal has been filed challenging the judgement and order dated 22.08.2024/23.08.2024 passed by Additional Sessions Judge/Special Judge (POCSO), Court No.2, Meerut in POCSO Case No.270 of 2016 (State of U.P. Vs. Asif @ Pasha) arising out of Case Crime No.13 of 2016 under Sections 354, 354B, 323, 504 IPC, Section 7/8 POCSO Act and Section 3(1)10 SC/ST Act, Police Station Falavda, District Meerut.

2. By means of the impugned judgment and order passed by court below, appellant-Asif @ Pasha has been convicted under Section 323 IPC and therefore sentenced to 6 months rigorous imprisonment, under Section 504 IPC and consequently sentenced to 1 year rigorous imprisonment, under Section 354 IPC and therefore sentenced to 1 year rigorous imprisonment along with fine of Rs. 3,000/- and in case of default, appellant is to undergo 2 months additional simple imprisonment, under Section 354-B IPC read with Section 7/8 POCSO Act and thus sentenced to 4 years rigorous imprisonment along with fine of Rs.4,000/- and in case of default, appellant is to undergo 3 months additional imprisonment and under Section 3(1)10 SC/ST Act and therefore sentenced to 4 years rigorous imprisonment along with fine of Rs.5,000/- and in case of default, appellant is to undergo 3 months additional imprisonment. The impugned judgment and order further records that all the sentences shall run concurrently.

46. Since the said adverse circumstance itself was not disclosed. to accused the conviction and sentence awarded to accused/appellant by Court below under Section 3(1)(10) SC/ST Act cannot be sustained.

(QUESTION NO.-D) -

47. Accused/appellant has also been convicted under Section 504 IPC and thus sentenced to 1 year rigorous imprisonment. Section 504 IPC reads as under;-

Section 504 IPC- Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

48. In order to prove a charge under Section 504 IPC, the following must be proved;-

(a). Essential Ingredients. - An offence under this Section has following essential ingredients:

(i). Intentionally insulting a person and thereby giving provocation to him;
(ii) The person insulting must intend or know it to be likely that such provocation will cause himi to break the public peace or to commit any other offence. The intentional insult must be of such a degree that should provoke a person to break the public peace or to commit any other offence. The person who intentionally insults intending or knowing it to be likely that it will give provocation to any other person and such provocation will cause to break the public peace or to commit any other offence, in such a situation, the ingredients of Section 504 are satisfied. One of the essential elements constituting the offence is that there should have been an act or conduct amounting to intentional insult and the mere fact that the accused abused the complainant, as such, is not sufficient by itself to warrant a conviction under Section 504 IPC.

52. When the deposition of the prosecutrix is analyzed in the light of essential ingredients constituting an offence under Section 504 IPC as well as the observations made by the Apex Court as noted herein above, it is apparent that an incident took place, in which, the accused not only assaulted the prosecutrix but also uttered such words, which denote her caste and further assassinate her character. The deposition of PW-1 stands corroborated by the deposition of PW-2, who is an eye witness. However, there is no such evidence on the basis of which, an inference can be drawn that there was likely to be breach of peace or the victim would commit an offence. In view of above, the requirement of law for constituting an offence under Section 504 IPC in the light of above does not stand clearly satisfied. As a result, Court below has erred in law in arriving at the conclusion that as per the evidence on record, the commission of an offence under Section 504 IPC is fully established. The same is, therefore, liable to be set aside.