SATHEESHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises out of order in Crl.M.C.No.1731/2022, on the file of the Special Court for Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as 'the SC/ST Act' for convenience], Ernakulam (Sessions Court), in Crime No.447/2022, where the prosecution alleges commission of offences under Ss. 324, 326, 294(b) NS 506 of I.P.C as well as under Ss. 3(1)(r) and 3(2)(va) of the SC/ST Act, by the accused. Accused No.1 is the Appellant. Respondents are State of Kerala as well as the defacto complainant.

(2.) Heard the learned counsel for the Appellant, the learned counsel for the defacto complainant and the learned Public Prosecutor, in detail.

(3.) The case of the prosecution in brief is that on 25/6/2022 at about 6 p.m, the Appellant/accused herein, who belongs to Ezhava community, assaulted the defacto complainant, who belongs to a Scheduled Caste, using a wooden stick and thereby the defacto complainant sustained injuries over his right ear, back of head and forehead. The further allegation is that the Appellant/accused criminally intimidated the defacto complainant with dire consequence. Further it is alleged that the Appellant/accused humiliated the defacto complainant by hurling abusive words within public view. Accordingly, the prosecution alleges commission of the above offences.