belong to "that the
accused therein insulted by
abusing and assaultingéiheriggofi she belongs
to SC or ST of this Court
in the case ... sister of the
knowing that she belongs to SC or"'ST.and
to insult her on the ground that
5. Charge sheet
Section 3 of the
SC/ST Act are : (a) that there must be an "intentional insult" or
"intimidation ... with "intend" to humiliate SC/ST member by a non
SC/ST member, and (b) that insult must have been done
SC/ST Act are as follows:
(i) there should be intentional insult or intimidation by a
person, who is not a member of the SC ... Avinash etc.
(ii) the insult or intimidation must be with an intent to
humiliate the member of the SC or ST. As the intent
MAHAJAN Vs. STATE OF
MAHARASHTRA AND ANOTHER " reported in AIR 2008 SC
1498, has observed as under:
" Para 83 (ii) There ... indicate that the petitioners had intention to insult or
humiliate a member of SC / ST community. Considering
the allegations made in the complaint and other
were in common intention to insult
the complainant, therefore, are liable to be prosecuted u/s. 3 of SC/ST Act
with section ... SC/ST Act: The prosecution case is that
the accused persons had uttered castiest remarks to insult the complainant
Laxmi Devi. The evidence on record
having committed an
offence u/s. 3 (1) (x) of SC/ST Act. The section is reproduced hereunder
for ready reference:
Section 3 . Punishment ... person under 3 (1) (x) of SC/ST
Act the court has to conclude that the insult as mentioned in the section was
committed within
intimidation
with intend to humiliate SC & ST member by a
non SC & ST member.
2. That insult must have been done ... that the accused had the knowledge that the victim
is the SC/ST and that the offence was committed for that
reason. Mere calling
SC and ST Act. It is further submitted
that as per Section 3 (1) (x) of the Act, the intentional insult or
intimidation ... intend" to humiliate SC/ST members by the non SC/ST
members and be that the insult must have been done in any
place
Tribes (Prevention of Atrocities)
Act, 1989 [hereinafter called as "the SC/ST Act"].
5. Learned counsel for the petitioner would submit that ... public view and as such no such
offence punishable under the SC/ST Act is constituted.
Therefore, the FIR is liable to be quashed
being member of non SC/ST knowing well that the
Complainant CW.1 M. Nagaraju belongs to SC/ST abused him
in filthy language ... being member of
non SC/ST knowing well that the
Complainant CW.1 M. Nagaraju
belongs to SC/ST abused
