Section 3(1)(X) of
SC/ST(POA) Act.
7. Opinion of the Judge : Accused found not guilty
JUDGMENT
ACP, Halsuru Sub-Division, Bengaluru ... place, the accused
persons not being the members of
SC/ST, intentionally insulted/intimidated
with intent to humiliate the CW1, who
belongs to Scheduled Caste
place,
the accused is not being a member
of SC/ST, intentionally insulted with
intent to humiliate CW1, who
belongs to Scheduled Caste (Adi
Andra ... accused No.1 is not belongs to
SC/ST has abused CW1, who
belongs to SC(Adi Andra) by taking
the name of his caste
SC/ST
Act could only be invoked if a prima facie case is made out. Furthermore,
under Section 3(1)(r) of the SC/ST ... required that the abusive
insults against a member of the SC/ST community must happen at a place
within „the public view
name. Therefore,
bar contained in the under Section 18 of the SC/ST
(POA) Act, 1989 is not attracted.
Learned Public Prosecutor for the state ... Wale,
Hadda Wale" for insulting him and intimidating as
deemed in Section 3(1)(10) of SC/ST (POA) Act.
Therefore bar under Section
appellant has been convicted under Section 3(i) (x) of SC and ST Act
and Section 504 of IPC and she has been sentenced ... basis of the written report the FIR was registered as SC /
ST Jamtara P.S. Case No. 05/07, under Section
interrogation. There is a bar under Section 18 and 18A of
SC/ST(POA) Act, 1989 to grant anticipatory bail. Hence, prays
to reject ... complainant and their parties
by taking caste, thereby insulted the members of the SC/ST
community. If they granted bail, they may threaten the
witnesses
SC/ST Act only attracts when the offence is done by the member, who did not belong to the SC/ST community and he intentionally ... insulted or intimidated with intent to humiliate the member of a Scheduled Castes or Scheduled Tribe in any place of public view.
Learned counsel
accused
insulted PWs.1 and 3 touching their caste and
accused are charged for the offence
Section 3 (1)(x) and of SC ST
Atrocities ... ceivi"_unde"r Section 3 (1)(x)
SC 8: ST (Prie4ye:n't_i'o'n7oVf
Section 3(i)(x)
SC/ST (POA) Act 1989.
The private complaint was filed before the JMFC Bhind in
alleging that 01.03.2010 at about ... Wale, Hadda Wale" for
insulting him and intimidating as deemed in section 3(1)(10) of SC/ST
(POA) Act. Therefore bar under Section
nature. It is his further contention that the
provisions of SC/ST (PA) Act are not attracted and
therefore there is no bar for granting ... insulting their caste as "vaddara soolemagane".
Therefore, he contends that the provisions of SC/ST (PA)
Act are applicable and therefore, the appellant