UDAIVEER SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973, (the CrPC) has been filed by the sole accused in Sessions Case No. 06/2014 on the file of the Additional Sessions Judge-02, South-West, Dwarka Courts, Delhi challenging the judgment dtd. 12/4/2016 and the order on sentence dtd. 19/4/2016 as per which the appellant has been convicted for the offence punishable under Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the SC & ST Act).

(2.) The prosecution case, as revealed from the charge-sheet/final report is that the accused, a senior officer of PW2, belonging to an upper caste, repeatedly abused the latter by making caste based derogatory remarks with the intent to humiliate him within public view. During the said time, PW2 was working in the Malaria and Dengue Department, Municipal Corporation of Delhi and was posted in Ward number 134 in Najafgarh Zone, South West Delhi. Hence, the accused was alleged to have committed the offence punishable under Sec. 3(1)(x) of the SC & ST Act.

(3.) Based on Ext. PW2/A complaint of PW2, dtd. 22/10/2013, given to the National Commission for Scheduled Castes, an enquiry was conducted and thereafter, as per order dtd. 24/3/2014 of the DCP, crime number 251/2014, Najafgarh Police Station, that is, exhibit PW6/A FIR was registered by PW12, Assistant Commission of Police. PW12 conducted the investigation to the crime and on completion of the same, submitted the charge sheet/final report on 19/5/2014, alleging the commission of the offence punishable under the aforementioned Sec. before the jurisdictional magistrate.