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"എടമോ പറയനന്റെ മമമോനന തമോമയമോളളി നളിനന്നെ കമോണളിച്ചു തരമോനമടമോ"
11. "Parayan" is a separate caste, of course, this caste also is a scheduled caste. A perusal of Section 3(1)(x) of the SC/ST Act will show that, to attract the offence, a person not being a member of a Scheduled Caste or Scheduled Tribe should intentionally insults or intimidates with intent to humiliate a member of a Scheduled caste or Scheduled Tribe in any place within public view. Therefore, the main ingredients to attract the offence is intentionally insults or intimidate with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe. The admitted case is that there was some property dispute between the families of the petitioner and the defacto complainant. That is the motive alleged in this case. A reading of Annexure 2 final report will show that the intention of the petitioner is to assault the accused and not to insult or intimidate him because he belongs to Scheduled Caste or Scheduled Tribe. This conclusion is strengthened because the first information statement in this case was given by the 2nd respondent after about four days from the date of incident. The alleged incident happened on 11.11.2014 and the first information statement which is a signed statement was given on 15.11.2014. When the first information statement was given, the 2 nd respondent has no case that the petitioner intentionally insults or intimidate him with intent to humiliate him because he belongs to Scheduled Caste or Scheduled Tribe. If that is the case, according to me, prima facie Section 3(1)(x) of the SC/ST Act is not attracted. Therefore, according to me, the continuation of the proceedings against the petitioner under Section 3(1)(x) of the SC/ST Act is an abuse of process of law. But I make it clear that the offence under Section 294(b), 323 and 324 r/w 34 IPC is prima facie made out in this case. The petitioner has to face trial before the lower court for the same in accordance to law. The trial court will conduct the trial untramelled by any observation in this case. Therefore, this Criminal Miscellaneous case is allowed in part.