KUNTI KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) The complainant Amita Tudu (PW-7), as per the written report at the relevant time, was the President of Village Education Committee, Middle School, Kora Para. Budget meeting for the training for 2008-2009 was scheduled for 18/12/2007 and after the meeting, meal packets were to be distributed to those who were participating in the budget meeting. Around 01:30 PM on the said date, the complainant was about to hand over the meal packet to the appellant. Then, all of a sudden, the appellant snatched the meal packet from complainant hands, abused her with respect to her community and also uttered that she belonged to a low caste which relishes meat of pig and cow and even a dog will not eat from her hands and that how dare she give her the packet and also called her by her tribal name 'Santhal' and left the school premises. The complainant further stated that in this manner she had been abused and insulted in the presence of many teachers and trainees which caused her mental harassment. The said complaint was registered as FIR No.05 of 2007, Police Station Jamtara, District Jamtara, under Sec. 504 IPC and Sec. 3(i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (In short "the SC/ST Act") . After investigation, a charge sheet was submitted, cognizance taken by the special Court and the trial was conducted.

(3.) The appellant was convicted under Sec. 504 IPC and Sec. 3(i)(x) of the SC/ST Act by the trial court vide judgment dtd. 28/8/2010 and was sentenced to four months simple imprisonment under Sec. 504 IPC and six months simple imprisonment under Sec. 3(i)(x) of the SC/ST Act. The criminal appeal filed by the appellant was partly allowed by the High Court vide judgment dtd. 9/12/2016. The High Court set aside the conviction and sentence under Sec. 3(i)(x) of the SC/ST Act. It, however, upheld the conviction under Sec. 504 IPC and reduced the sentence to 15 days simple imprisonment.