JUDGMENT 1. - This appeal has been filed by the accused appellant against the judgment and order dated 14.11.1995 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act cases, Sri Ganganagar in Criminal Case No. 37/95 by which the learned Special Judge acquitted the accused appellant of the charges for the offence u/ss. 341 & 323 IPC, but convicted the accused appellant for the offence u/ss. 354 IPC read with Section 3(i)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act') and Section 3(i)(x) of the SC/ST Act and sentenced him in the following manner: Name of accused-appellant Convicted under Section Sentence awarded Trilochan Singh 354 r/w 3(1)(xi) of the SC/ST Act Six months' RI and to pay fine of Rs. 500/- in default of payment of fine, to further undergo one month SI. 3(1)(x) of the SC/ST Act Six months' RI and to pay fine of Rs. 500/- in default of payment of fine, to further undergo one month SI. Both the substantive sentences were ordered to run concurrently. 2. The facts giving rise to this appeal, in short, are as follows : On 12.3.1995 at about 10.30 a.m., PW-1 Smt. Sarbati lodged a report Ex.P/1 with the Police Station Padampur District Sri Ganganagar stating inter-alia that she is resident of Chak 2 DD Teh. Padampur and the accused appellant, who also hailed from the same village, after satisfying his natures' call was washing his hands near Johada, where she was standing and when she uttered some words to the accused appellant, he went away from that place, but at about 11.00 a.m., he again came and abused her and he also uttered the words "Dhed & Chuhadi" to her and he also put his hands on her breasts. Upon this, PW-1 Smt. Sarbati made hue and cry and after hearing her cries, PW-2 Guljar Singh, his son Angrej Singh, PW-3 Nasibkaur and others came there and, thereafter, accused appellant ran away after abusing her. On this report, police registered the case and chalked out regular FIR Ex. P/2 and started investigation. During investigation, the accused appellant was arrested on 14.3.1995 through arrest memo Ex.P/4. After usual investigation, police submitted challan against the accused appellant in the Court of Magistrate, from where the case was committed to the Court of Session. On this report, police registered the case and chalked out regular FIR Ex. P/2 and started investigation. During investigation, the accused appellant was arrested on 14.3.1995 through arrest memo Ex.P/4. After usual investigation, police submitted challan against the accused appellant in the Court of Magistrate, from where the case was committed to the Court of Session. On 5.7.1995, the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar framed charges for the offence u/ss. 341, 323 & 354 IPC read with Section 3(i)(xi) of the SC/ST Act and Section 3(i)(x) of the SC/ST Act against the accused appellant. The charges were read over and explained to the accused appellant. The accused appellant denied the charges and claimed trial. During trial, the prosecution in support of its case examined as many as six witnesses and got exhibited some documents. Thereafter, statement of the accused appellant u/s. 313 Cr.P.C. was recorded. In defence, no evidence was produced by the accused appellant. After conclusion of trial, the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar through his judgment and order dated 14.11.1995 acquitted the accused appellant of the charges for the offence u/ss. 341 & 323 IPC, but convicted the accused appellant for the offence u/ss. 354 IPC read with Section 3(i)(xi) of the SC/ST Act and Section 3(i)(x) of the SC/ST Act and sentenced him in the manner as indicated above. Aggrieved from the said judgment and order dated 14.11.1995 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar, this appeal has been filed by the accused appellant. 3. It may be stated here at the very outset that during the pendency of this appeal, a compromise was filed by the complainant PW-1 Smt. Sarbati and the same was attested by the Dy. Registrar (Judl.) on 30.10.2001 in presence of complainant PW-1 Smt. Sarbati and the accused appellant. 4. As per sub-section (2) of Section 320 Cr.P.C. the offence u/s. 354 IPC is compoundable by the woman assaulted or to whom criminal force was used. 5. Since in the present case, the complainant PW-1 Smt. Sarbati has filed a compromise and the same has been attested by the Dy. 4. As per sub-section (2) of Section 320 Cr.P.C. the offence u/s. 354 IPC is compoundable by the woman assaulted or to whom criminal force was used. 5. Since in the present case, the complainant PW-1 Smt. Sarbati has filed a compromise and the same has been attested by the Dy. Registrar (Judl.), therefore, on the basis of that compromise, the accused appellant is entitled to acquittal of the charge for the offence u/s. 354 IPC read with Section 3(i)(xi) of the SC/ST Act and the findings of the learned Special Judge convicting the accused appellant for the said offence are liable to be set aside. 6. Since the offence u/s. 3(1)(x) of the SC/ST Act is not compoundable, therefore, the case of the accused appellant for the offence u/s. 3(1)(x) of the SC/ST Act is being considered on merits. 7. It has been argued by the learned counsel appearing for the accused appellant that the offence u/s. 3(1)(x) of the SC/ST Act is not proved against the accused appellant as the incident took place on 10.3.1995 at 11.00 a.m. and the report was lodged on 12.3.1995 and thus, there is delay of two days in lodging the report and furthermore, the language which was uttered by the accused appellant was uttered only before PW-1 Smt. 'Sarbati and thus, it cannot be inferred that she was insulted in public view. 8. On the other hand, the learned Public Prosecutor supported the impugned judgment and order passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar. 9. I have heard the learned counsel for the accused appellant, learned Public Prosecutor and the learned Counsel appearing for the complainant and perused the record of the case. 10. To appreciate the above contentions, evidence produced of this case has to be looked into. 11. From perusing the report Ex.P/1, it appears that when the accused appellant put his hands on the breasts of PW-1 Smt. Sarbati and uttered the words "Dhed and Chuhadi" no body was present and, thereafter, PW-1 Smt. Sarbati cried and upon hearing her cries, PW-2 Guljar Singh, Angrej Singh, PW-3 Nasibkaur and some others arrived at the scene. Similar is the statement of PW-1 Smt. Sarbati given in the Court. 12. Similar is the statement of PW-1 Smt. Sarbati given in the Court. 12. Thus, from the evidence on record, it appears that the abusive words, which were used by the accused appellant, were used when PW-1 Smt. Sarbati was alone and no body was present and other witnesses came later on. 13. For convenience and for appreciating the contentions raised by the learned counsel for the accused appellant, Section 3(1)(x) of the SC/ST Act is being reproduced hereinbelow : "3. Punishments for offences of atrocities.-(1) Whoever, not being a member of a Scheduled Caste, or a Scheduled Tribe (x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view." 14. The word 'intentional' appearing in Section 3(1)(x) of the SC/ST Act is contrary to what is unintended or done inadvertently. 15. The word "insult" has not been defined either under the Indian Penal Code or under the SC/ST Act. . 16. The word "intimidate" must be understood to overawe, to put in fear, by show of force, threat or violence, and it may also include the use of actual force unaccompanied by threat. 17. The word "humiliate" has been ascribed to mean inter alia; "to reduce to lower position in one's own eyes or eyes of others: injure the self respect of'. It is also essential that such a humiliation should have been caused in the public view. Public view does not essentially refer to a public place. 18. In order to attract the provisions of Section 3(1)(x) of the SC/ST Act, the public must view the person being insulted. 19. In the present case, the abusive language, which was uttered by the accused appellant, was uttered when PW-1 Smt. Sarbati was alone and at that time, nobody was present. Hence, it cannot be said that PW-1 Smt. Sarbati was humiliated or insulted within public view. Therefore, this ingredient is missing in this case and in these circumstances, the findings of conviction recorded by the learned Special Judge against the accused appellant for the offence u/s. 3(1)(x) of the SC/ST Act cannot be sustained and the accused appellant is entitled to acquittal of the said offence also. 20. Therefore, this ingredient is missing in this case and in these circumstances, the findings of conviction recorded by the learned Special Judge against the accused appellant for the offence u/s. 3(1)(x) of the SC/ST Act cannot be sustained and the accused appellant is entitled to acquittal of the said offence also. 20. For the reasons stated above, this appeal filed by the accused appellant deserves to be allowed and the impugned judgment and order passed by the learned Special Judge are liable to be set aside and the accused appellant is entitled to acquittal of the charges for the offence u/s. 354 IPC read with Section 3(1)(xi) of the SC/ST Act on the basis of compromise filed by the complainant. PW-1 Smt. Sarbati and for the offence u/s. 3(1)(x) of the SC/ST Act on merits.Accordingly, this appeal filed by the accused appellant Trilochan Singh is allowed and the judgment and order dated 14.11.1995 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar are set aside and the accused appellant is acquitted of the charges for the offence u/s. 354 IPC read with Section 3(1)(xi) of the SC/ST Act and 3(1)(x) of the SC/ST Act.Since the accused appellant is on bail, he need not surrender and his bail bonds tand cancelled.Appeal allowed. *******