RAVI SHARMA Vs. STATE OF MP

JUDGEMENT

(1.) Arguments heard. 1. Applicant has filed this petition challenging the order dated 15.6.2010 passed by the learned Special Judge, Ashok Nagar in special S.T. No. 13/2010 whereby framed charges for an offence under section 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 along with other charges on the ground that the complainant Jagdish was a member of Scheduled Caste.

(2.) On perusal of FIR and statement of complainant recorded under section 161 of CrPC, it is clear that none of the accused persons has said any word about his caste at the time of incident. Even, in the FIR offence punishable under section 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was not mentioned. It was added later on, only on the basis of the statements of witnesses, Neeraj Soni and Kailash Singh in which they have said that at the time of beating the complainant, the accused persons were abusing the complainant by uttering his caste. But same has again been missing in the statements of other witnesses i.e. Ghanshayam and Manoj Jain recorded under section 161 of Cr.P.C.

(3.) The learned counsel for the applicant has cited judgments in support of his arguments in the case of Ramdas v. State of Maharashtra, 2007 AIR(SC) 155, Masumsha Husanasha Musalman v. State of Maharasthra, 2000 AIR(SC) 1876 and the judgment of this Court in the case of Amir and another v. State of Madhya Pradesh, 2005 1 MPHT 411, in which it has been held that when there is no evidence on record that victim was assaulted on the ground that he belonged to Scheduled Caste Community no charge can be framed. Hence, offence under section 3 (2) (v) of the Act, 1989 is not made out in the present case.