JITRAY Vs. GIRISH CHANDRA MOHANTA

JUDGEMENT

(1.) The challenge in the present petition is to an order dtd. 20/1/2017 passed by the learned Additional Sessions Judge (ASJ), Karanjia in Criminal Revision No.11 of 2013 declining to interfere with an order dtd. 6/12/2012 passed by the S.D.J.M., Karanjia in not taking cognizance against the Opposite Party-Accused for the offence under Sec. 3(1)(x) of the SC and ST (POA) Act, 1989.

(2.) As noticed by the learned ASJ under 3(1)(x) of the SC and ST (POA) Act whoever not being a member of Schedule Caste (SC) or a Schedule Tribe (ST) intentionally insults or intimidates with intent to humiliate a member of SC or a ST in any place within the public view, is liable to be punished. The relevant portion of the impugned order in this regard reads as under:

(3.) While learned counsel for the Petitioner kept reading the relevant line from the FIR, it is plain that what two of the witnesses stated was different as has been extracted by the learned ASJ in the above paragraph. It appears that the conclusion of the learned ASJ that there is nothing in the said statement which could be said to be with an intention to insult or intimidate the complainant for being a member of the ST, is a plausible one.