Case Note & Summary
The appellant, Gopal Sukhdeorao Raut, was convicted by the Adhoc Additional Sessions Judge-1, Akola in Sessions Trial No. 30/2007 for offences under Section 7(1)(d) of the Protection of Civil Rights Act, 1955 and Section 506 of the Indian Penal Code. He was sentenced to one month rigorous imprisonment and fine for each offence. The prosecution case was that on 05.12.2006, the complainant Ambadas Lokhande, who was Sarpanch of Village Sawarkhed, was supervising tree plantation work near Hanuman Temple. The appellant, who was in an inebriated condition, came and abused the complainant using the word 'Mangtya', which is a caste-related slur. He also threatened to kill the complainant and made derogatory remarks about reservation for Scheduled Castes. The appellant lifted a pick-axe but was pacified by others. The complainant lodged an FIR, and after investigation, the appellant was charge-sheeted. The trial court convicted him. In appeal, the High Court examined the evidence of PW1, PW2, and PW3. The court noted that the alleged insult was not shown to be on account of the complainant's caste but appeared to be a result of a personal dispute over tree plantation. The appellant was inebriated and the threat was not accompanied by any actual injury or weapon use. The court held that the essential ingredients of Section 7(1)(d) of the Protection of Civil Rights Act were not made out as the insult was not on the ground of untouchability. Similarly, the threat under Section 506 IPC did not amount to criminal intimidation as there was no evidence of the complainant being alarmed or the threat being to cause injury to person or property. The court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Protection of Civil Rights Act - Section 7(1)(d) - Insult on ground of untouchability - The appellant allegedly abused the complainant using caste-related words and threatened him. The court held that the prosecution failed to prove that the insult was on account of the complainant being a member of a Scheduled Caste. The evidence showed the appellant was inebriated and the altercation was over tree plantation work, not caste. The conviction under Section 7(1)(d) was set aside. (Paras 7-10) B) Criminal Law - Indian Penal Code - Section 506 - Criminal Intimidation - The appellant allegedly threatened to kill the complainant. The court held that the threat was not accompanied by any overt act or weapon use, and the appellant was inebriated. The evidence did not establish that the threat caused any alarm or injury. The conviction under Section 506 IPC was set aside. (Paras 11-12)
Issue of Consideration
Whether the conviction of the appellant under Section 7(1)(d) of the Protection of Civil Rights Act, 1955 and Section 506 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Protection of Civil Rights Act
- 1955
- Section 7(1)(d) requires insult to be on account of untouchability or caste
- mere abuse without caste nexus does not attract the offence
- criminal intimidation under Section 506 IPC requires threat to cause injury to person or property
- conviction cannot be sustained if evidence does not establish essential ingredients.
