JULI C.J. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act').

(2.) The appellant is the first accused in the case registered as Crime No.107/2020 of the Thrikkakara police station under Sections 353, 294(b) and 506 (i) read with 34 I.P.C and also under Sections 3(1)(r) and 3(1)(s) of the Act. The penal provision mentioned in the first information statement as Section 4(i)(s) of the Act appears to be a mistake.

(3.) The prosecution case, in short, is as follows: On 05.03.2020, at about 12.30 hours, the appellant and the second accused together went to the office of the Thrikkakara Municipality to get back the documents which had been submitted by the appellant for obtaining licence to conduct a beauty parlour. The de facto complainant (hereinafter referred to as 'the victim') was working as Health Inspector in the Municipality. When there was some delay in returning the documents, the appellant and the second accused entered into the cabin of the victim. The appellant used obscene words to the annoyance of the victim and threatened him and caused obstruction to him in discharging his duties as a public servant. When the victim came out of his cabin, the appellant followed him and abused him by calling him by his caste name. She did so in the presence of the staff and the members of the public who were in the office.