BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed under Sec. 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [for short, 'SC/ST (POA) Act"]. The challenge in this appeal is to the order dtd. 17/5/2024 in Crl.M.C.No.875/2024 passed by the Sessions Court, Thalassery.

(2.) The appellants are accused Nos. 1 to 5 in Crime No.266/2024 of Peringome Police Station, Kannur. They are alleged to have committed the offences punishable under Sec. 143, 147, 148, 341, 323, 324, 427, 506 r/w 149 of the Indian Penal Code and Sec. 3(1)(s) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) On 3/5/2024 at 07.00 PM near Madakkampoyil Plywood Factory at Peringome Amsom, appellant Nos.1 to 5 wrongfully restrained the defacto complainant who belongs to Scheduled Caste community and his friend and voluntarily caused hurt to him with hands and sticks. Appellant No.1 also abused the victim by calling his caste name.