NITHIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Order dtd. 24/9/2025 in Crl.M.P.No.426/2024 in SC No.1058/2023 on the files of the Special Court under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2018 (hereinafter referred to as 'SC/ST (PoA) Act, 2018' for short), Ernakulam, is under challenge in this criminal appeal filed under Sec. 14A of the SC/ST (PoA) Act, 2018.

(2.) Heard the learned counsel for the appellant and the learned Public Prosecutor in detail. Perused the order under challenge. Though notice was served upon the defacto complainant/3rd respondent, as mandated under Sec. 15A(3) of the SC/ST (PoA) Act, 2018, she did not appear.

(3.) Here, the prosecution allegation, as could be discerned from the final report, is that the accused, who does not belong to either the Scheduled Caste or Scheduled Tribe community, at about 19.30 hours on 6/1/2022, while the de facto complainant, who is a member of the Scheduled Caste community, was travelling in a car bearing registration No. KL-42-H-7997, beat her on the face, outraged her modesty, and also abused her by calling her caste name within public view. Thus, the prosecution alleges commission of offences punishable under Ss. 354, 323, 427, 506, 294(b) of the Indian Penal Code (hereinafter referred to as 'IPC' for short) as well as under Ss. 3(1)(r), 3(1)(w)(i) and 3(2)(va) of the SCT/ST (PoA) Act, 2018 by the appellant/accused.