Case Note & Summary
The applicant, Prof. Mansoor s/o Karimoddin Kadri, filed a Criminal Revision Application before the Bombay High Court, Aurangabad Bench, challenging an order dated 01.02.2010 passed by the learned Additional Sessions Judge, Aurangabad, in Sessions Case No.301/2009, rejecting his application for discharge. The applicant was the accused in the said sessions case, which arose from Crime No.15/2009 registered at Sillod police station on the complaint of respondent No.2, Vishnu s/o Gangaram Katkar. The complaint alleged that during a public speech, the applicant used indecent language against an elected candidate of the opposition party. When the complainant and his associates went to the Congress party office to ask why such words were used, the applicant allegedly abused the complainant, saying in Marathi: "Tu Mala Kay Shikvato Chamtya, Chamtyani Meleli Dhore Gavabaher Takavi Tyanchi fakta katadi kadhavi va tyachyavar pot bharave navarsevak." The police filed a charge sheet for offences under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 504, 506 of the Indian Penal Code, 1860. The applicant sought discharge on the ground that the material on record did not make out a prima facie case. The learned Additional Sessions Judge rejected the application. In revision, the High Court examined the statements of witnesses recorded during investigation. The court noted that the complainant was not a member of a Scheduled Caste or Scheduled Tribe, and the alleged abusive words were not uttered with reference to the complainant's caste. The court also found that the words did not constitute an intentional insult to provoke a breach of peace, nor did they amount to criminal intimidation. The court held that no prima facie case was made out for any of the offences. Consequently, the High Court allowed the revision application, set aside the impugned order, and discharged the applicant from the offences.
Headnote
A) Criminal Procedure Code - Discharge - Standard of Proof at Charge Stage - The court must consider whether a prima facie case exists; if the material does not disclose the essential ingredients of the offence, discharge is warranted. (Para 6) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Caste-Based Insult - For an offence under Section 3(1)(x), the insult must be on account of the victim's caste. In the present case, the alleged abusive words were not uttered with reference to the complainant's caste but were general abuses, and the complainant himself was not a member of a Scheduled Caste or Scheduled Tribe. Hence, no prima facie case under Section 3(1)(x) is made out. (Paras 6-7) C) Indian Penal Code, 1860 - Section 504 - Intentional Insult to Provoke Breach of Peace - The essential ingredient is that the insult must be such as to provoke the person insulted to commit a breach of the peace. The alleged words, though abusive, do not appear to be of such a nature as to provoke a breach of peace, and the complainant's subsequent conduct of going to the applicant's office suggests he was not provoked. Hence, no prima facie case under Section 504 IPC. (Para 7) D) Indian Penal Code, 1860 - Section 506 - Criminal Intimidation - The threat must be to cause injury to the person, reputation, or property. The alleged words do not constitute a threat of injury but are merely abusive. Hence, no prima facie case under Section 506 IPC. (Para 7)
Issue of Consideration
Whether the applicant is entitled to be discharged from the offences under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 504, 506 of the Indian Penal Code, 1860, based on the material on record.
Final Decision
The revision application is allowed. The impugned order dated 01.02.2010 passed by the learned Additional Sessions Judge, Aurangabad, below Exhibit 6 in Sessions Case No.301/2009 is set aside. The applicant is discharged from the offences under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 504, 506 of the Indian Penal Code, 1860.
Law Points
- Discharge
- Prima facie case
- SC/ST Act
- Section 3(1)(x)
- Section 504 IPC
- Section 506 IPC
- Criminal Revision
- Standard of proof at charge stage
