Karnataka High Court has given a big decision regarding SC/ST law, fake cases will be curbed.
Karnataka High Court has given a big decision regarding SC/ST law, fake cases will be curbed.
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Bangalore: In asignificant observation, the High Court has said that for offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act), casteist abuse should take place in a public place. The court dismissed the pending case against a man after it was found that the alleged abuse was committed in the basement of a building where only the victim and his colleagues were present.

In the incident that took place in 2020, Ritesh Payas had hurled casteist abuses at Mohan in the basement of a building where he used to work with others. All the employees were hired by building owner Jayakumar R Nair. Justice M Nagaprasanna, in his judgment on June 10, said, "A reading of the above statements would reveal two factors - one is that the basement of the building was not a public place and second, the others who claim to be present there were just the complainant and other employees of Jayakumar R. Nair or friends of the complainant."

The court said, "Clearly, there was no abuse at a public place or in public place, which are not available to invoke the Act in this matter." The high court said that along with this, there were other factors in the case. The accused Ritesh Payas had a dispute with the building owner, Jayakumar Nair, and had taken an adjournment against the construction of the building. The court concluded that Nair was shooting at Payas by "placing a gun on the shoulder of his employee (Mohan)". ’

The high court said the issue of dispute between the two cannot be dismissed, as it reflected a clear chain in the chain of events. Therefore, registration of crime itself suffers from lack of authenticity. Apart from the Atrocities Act, in the sessions court in Mangaluru where the matter is sub-judice, Pius has also been charged under Section 323 (causing hurt) of the IPC. The high court also dismissed the allegations, saying, "There must have been injury in the dispute for an offence punishable under Section 323 of the IPC. ’

The high court in its judgment, however, said that in this case, Mohan's 'injury certificate' shows a simple scratch mark on the front of the hand and another scratch mark on the chest. There is no sign of bleeding. Therefore, simple scratch marks cannot be said to be an offence under Section 323 of the IPC. ’

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