Shivani Thakur
Published on: April 27, 2022 at 19:18 IST
The Bombay High Court ruled that it would be dangerous to lay down a comprehensive proposition of law that mere reference to the Caste or tribe of the Victim does not fall within the scope of Offenses Punishable under Sections 3(1) and 3(1)(s) of the Atrocities Act.
The Bench of Justice NJ Jamdar hearing a plea file by Ramrao Rathore who was booked under Section 3 (R) and (S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 (SC/ST Act), made an observation that the use of reference to a caste of the victim was required to be considered in the entire context of the matter.
As per the prosecution, the accused had interviewed Rathore but he did not select her.
Later the Accused allegedly went to the complainant’s new office and insulted her bases on her Caste.
The Bench rejected this argument remarked the fact that the First Information Report should have mentioned that the accused was also from Scheduled Castes and Scheduled Tribes community. A person belonging to the Scheduled Castes and Scheduled Tribes Communities can’t be booked for Atrocities Act.
The Bench proceeded to dismiss the Appeal as it opined that Prima Facie Offense under Section 3 of Scheduled Castes and Scheduled Tribes Act are not Prima Facie made out.