SYAM RAJ. R.S Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'). The challenge in the appeal is to the order dtd. 14/8/2024 in Crl.M.P.No. 482 of 2024 passed by the Special Court for the trial of Offences under SC/ST(POA) Act, Nedumangad.

(2.) The appellant is accused No.2 in Crime No.586/2024 of Naruvamoodu Police Station. The appellant is alleged to have committed the offences punishable under Ss. 115(2), 296(b), 333, 351(2), 74 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS') and Ss. 3(1)(r), 3(1)(s) and 3(2)(va) of the Act.

(3.) The appellant is not a member of the Scheduled Caste or Scheduled Tribe. The victim/respondent No.2 is a member of a Scheduled Caste community. On 24/7/2024 at 10.15 pm, the appellant and the other accused criminally trespassed into the residence of the victim and voluntarily caused hurt to him. They abused the victim by calling his caste name within the public view. Accused No.1 caught hold of the hair of the de facto complainant's wife and pushed her down. The appellant dragged her. Accused No.3 fisted the brother of the de facto complainant. Accused No.1 criminally intimidated the victim and other members of his family, showing an iron rod. The de facto complainant suffered mental torture and humiliation.