The Supreme Court on Friday quashed a case against a man booked under the SC/ST Act saying the alleged incident did not happen in public view.
A bench of Justices B R Gavai and Augustine George Masih said Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, reveals for an offence to occur, it had to be established that the accused intentionally insulted or intimidated a member of either a SC or ST with the intent to humiliate in a place within public view.
In addition, it said for constituting an offence under Section 3(1)(s) of the Act, it would be necessary that the accused abused any member of a SC or ST by caste name in any place within public view.
"We are, therefore, of the considered view that since the incident has not taken place at a place which can be termed to be a place within public view, the offence would not come under the provisions of either section 3(1)(r) or section 3(1)(s) of the SC-ST Act," held the bench.
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