SATISH KUMAR THUKRAL Vs. PREM

JUDGEMENT

(1.) THIS is petition against order dated 2.8.2004 of the Court of Special Judge, Ferozepur whereby charge was directed to be framed against the petitioner for offence punishable under Section 3(i)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter to be referred to as "the Act").

(2.) PETITIONER is a Doctor, stated to be practising at Maku, Tehsil Zira, District Ferozepur. Proceedings had started on a complaint filed by Smt. Prem-respondent for the offence under Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act No. 33 of 1989 and under Sections 354/323/500 IPC.

(3.) COUNSEL for the petitioner argued that no case for the offence under Section 3 of the Act was made out since the accused did not know that the complainant belonged to Scheduled Caste or Schedule Tribe. He argued that there was no allegation in the complaint or statement of the complainant or the witnesses recorded that the accused knew that the complainant belonged to the Scheduled Caste. It was pointed out that the offence under Section 3 of the Act shall be made out only when if :