BINOY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE challenge is with regard to the charges framed by the Special Court for the trial of offences punishable under the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act, Ernakulam, against the revision petitioners, who are the accused which include the following: "5. That you, Al, a member of a non-scheduled caste, on the same day, time and place and during the course of the same transaction, with intent to humiliate and insult CW1, a member of 'the Scheduled Caste in public view, called CW 1 by caste name" " and thereby committed an offence punishable under S. 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 31/1989 and with the cognizance of this court. 6. Finally, that you, A2, A3 and A4, members of non-scheduled caste, in furtherance of the common intention Al, A2, A3 & A4 to humiliate CW1, a member of the Scheduled Caste in public view Al called CW1 it " and thereby you A2, A3 and A4 committed an offence punishable under S. 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with S. 54 IPC and within the cognizance of this Court. "

(2.) ACCORDING to Sri. Abraham Vakkanal, who appeared for the revision petitioners, the words quoted in the above charges do not apply to the caste of the complainant and hence there is no justification for the charge.

(3.) IN the instant case, no doubt, the charge No. 5 framed by the Special Court refers to the fact that the address " " was with reference to the caste name, but a perusal of the First INformation Statement given by the victim in this case shows that he had himself no such case. As far as relevant allegations are concerned, what he stated before the police was that Benoy, who belongs to his own place, approached him; caught hold of him by his hand and asked " "' and also beat him at his cheek. There is no specific mention in the statement that the victim was addressed as above or beaten with intent to intimidate or humiliate him for the reason that he is a member of a Scheduled Caste or a Scheduled Tribe. However, in the charge placed before the Special Court, the police stated that the aforesaid acts were aimed at humiliating the victim with the knowledge that he belongs to a Scheduled caste.