Case Note & Summary
The appellant, Keshao Pandurang Dange, was convicted by the 2nd Additional Sessions Judge, Chandrapur, in Special Case No.116 of 1994 for offences under Section 294 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He was sentenced to rigorous imprisonment for one month and fine of Rs.100 for the IPC offence, and rigorous imprisonment for six months and fine of Rs.200 for the Atrocities Act offence. The incident allegedly occurred on 1-12-1994, when the appellant gave filthy caste-based abuses to the complainant Vasudeo, who belongs to a Scheduled Caste. The appellant belongs to Kalar Caste, which is not a Scheduled Caste or Scheduled Tribe. The prosecution examined five witnesses. The appellant appealed against his conviction. The High Court examined the evidence and found that the prosecution failed to prove that the alleged abuses were uttered in a place within public view, which is an essential ingredient of Section 3(1)(x) of the Atrocities Act. The incident occurred in a private lane, and no independent witness was examined to show that the place was accessible to the public. Regarding the offence under Section 294 IPC, the court noted that the prosecution did not examine any witness who was annoyed by the alleged obscene acts, and the complainant himself did not state that he was annoyed. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Public View Requirement - The essential ingredient of the offence under Section 3(1)(x) is that the insult or intimidation must be in a place within public view. The prosecution failed to prove that the alleged abuses were uttered in a place accessible to the public or in public view. The incident occurred in a private lane, and no independent witness was examined to establish public view. Held that the conviction under Section 3(1)(x) is unsustainable (Paras 5-7). B) Criminal Law - Indian Penal Code, 1860 - Section 294 - Obscene Acts and Songs - The offence under Section 294 IPC requires that the obscene act or song must cause annoyance to others. The prosecution did not examine any witness who was annoyed by the alleged abuses. The complainant himself did not state that he was annoyed. Held that the conviction under Section 294 IPC is also unsustainable (Paras 5-7).
Issue of Consideration
Whether the conviction under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 294 of the Indian Penal Code is sustainable when the alleged incident occurred in a private place not in public view.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Ingredients of Section 3(1)(x) of SC/ST Act require insult or intimidation in public view
- Private setting not sufficient
- Section 294 IPC requires annoyance to others
- Acquittal for lack of public element
