mens rea i.e. intention to insult any member of SC/ST, (2)
insult or humiliation of a member of SC/ST. From the
transcript ... Atrocity Act, there has to be an actual insult/humiliation of
members of SC/ST. It appears that same were not uttered with
reference
with "intend" to humiliate SC/ST
member by a nonĀSC/ST member and the insult must
have been done in anyplace within ... member of SC/ST,
(2) The offender should not be a member of a SC/ST, (3) There
must be an intentional insult or intimidation
with "intend" to humiliate SC/ST
member by a nonĀSC/ST member and the insult must
have been done in anyplace within ... SC/ST
Act and 323/34 IPC . Section 3 (1) (x) SC/ST Act, makes intentional
insults or intimidations with intent to humiliate a member
SC/ST (POA)
Act and there is a bar under Section 18 and 18A of the
SC/ST (POA) Act for granting anticipatory bail under ... punishable under the IPC as well
as under the SC/ST (POA) Act. They have insulted the
9
complainant by taking the name
accused
not being a member of SC/ST
community and complainant being
member of SC/ST community
intentionally insulted or intimidates
him using by abusing ... SC and ST (PA) Act, 1989 there must be an allegation
that the accused has intentionally insulted or
intimidates the complainant in a place which
taken place all of a sudden. There is no
intention to insult the complainant because of his caste. It is further
submitted that ... circumstances of the case as the intention to insult the complainant
because he belongs to SC/ST Community is not reflected in the
prosecution itself
SC/ST Act) and under Section 147
(Punishment for rioting), 148 (Rioting, armed with deadly weapon), 323
(Punishment for voluntarily causing hurt ), 504 (Intentional insult ... will have to be confirmed.
12 Section 3 (1) (x) of SC/ST Act reads as under :
"3. Punishment for offences of atrocities
Section 18-A of SC/ST Act. It is true, under SC/ST Act, Section 18 and 18-
A restricted the Court to grant ... SC/ST Act provide that whoever
intentionally insults or intimidates with intent to humiliate or abuse any
member of SC or ST community
SC/ST Act. H e further
submits that in the present case there is no ingredients are available to
constitute the offence under Section SC ... SC/ST Act under which the appellants made as
an accused. The same are reproduced herein under:-
" 3(1)(r)- intentionally insults or intimidates
committed against the persons belonging to SC and ST.
The offence of intentionally insulting or intimidating
with intents to humiliate member of the said caste