V.T.JINU Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl. Rev. Petition has been led under Sec. 397 r/w 401 of the Code of Criminal Procedure (for short, 'Cr.P.C.') to quash Annexure - VII charge dtd. 11/8/2017 framed by the Special Court (Principal Sessions Court, Kottayam) under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST PO Act') in S.C. No. 321 of 2016, pending therein.

(2.) Heard the learned counsel for the 2nd petitioner/2nd accused, since the 1st petitioner/1st accused is no more. Also heard the learned Public Prosecutor. Perused the records produced along with the petition and also the Case Diary as such placed by the learned Public Prosecutor in detail.

(3.) In this matter, the prosecution alleges the commission of o ences punishable under Ss. 294(b), 465, 466, 474 r/w 34 of IPC as well as under Sec. 3(1)(x) of the SC/ST PO Act by the accused. The speci c allegation is that, the accused herein who are aware of the caste identity of the de facto complainant as a member of the Scheduled Caste community, at about 05.00 p.m on 7/10/2013, used abusive words by calling her caste name with intention to humiliate her within public view. Further allegation is that they forged documents to hold that the de facto complainant misappropriated some amount under 9 CB Bills, and the same resulted in suspension of the de facto complainant.