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2005 DIGILAW 1151 (PNJ)

Satish Kumar Thukral v. Prem

2005-11-08

M.M.AGGARWAL

body2005
Judgment M.M.Aggarwal, J. 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. As per the complaint, complainant belonged to KORI caste, which had been declared as a scheduled caste by the Punjab Government. She is a housewife and on 4.3.2005, she had gone to the accused, who is Arora by Caste and was running "Thukral Child Care Center". That accused had given dirty abuses of mothers and sister and then spike against the dignity of the complainant that you are "Kutti Churi Gandi Nali Da Kida". Complainant had approached the police but the police did not take any action. 4. 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 : (i) The accused should not be a member of a SC or ST. (ii) The accused should have positive knowledge of the victim being a member of SC or ST. (iii) The insult should be intentional & deliberate, and (iv) the insult inflicted should be with the specific intention to humiliate the victim in a place within public view due to the victim being a SC or ST. 5. From the perusal of the complaint, it would come out that the complainant had gone to the accused-Doctor for the first time. Doctor enquired from her as to from whom, she was earlier getting treatment and then felt bad as the complainant was not getting treatment from educated doctors. 5. From the perusal of the complaint, it would come out that the complainant had gone to the accused-Doctor for the first time. Doctor enquired from her as to from whom, she was earlier getting treatment and then felt bad as the complainant was not getting treatment from educated doctors. In her statement before the Court during preliminary evidence, she never stated that the accused-doctor knew about her Caste. From her statement also, it would appear that she had gone to this Doctor for the first time. Sunil Kumar Kakkar, who was examined by the complainant in preliminary evidence stated that the accused had asked Prem from whom, she was taking medicine and treatment and she said that she was taking medicines from one Doctor Pawan. Then accused had got angry and said that you are taking medicines from illiterate doctors and then had started abusing and uttered that she was "Kutti Churi Gandi Nali Da Kida". 6. In a judgment of this Court reported in Rajinder Kumar v. State of Haryana, 2002(4) RCR(Criminal) 243, it had been held that where there was no allegation that accused had knowledge that the complainant belonged to scheduled caste then criminal proceedings were liable to be quashed. Same was the view taken in judgment reported in Pishora Singh v. State of Punjab, 2002(2) RCR(Criminal) 245. In a Division Bench judgment of Delhi Court reported in D.P. Vats v. State and others, 2002(3) RCR(Criminal) 716, it had been held that where it was not shown that the accused knew that woman belonged to scheduled caste and scheduled tribe, then no offence under Section 3 of the Act was made out. 7. In the present case, there is no averment anywhere nor it has come out in the evidence that the accused knew that the complainant now respondent belonged to Scheduled Caste. Offence under Section 3 of the Act shall be made out only if the insult or intimidation is given intentionally to humiliate a member of Scheduled Caste or Scheduled Tribe. 8. In this case, the utterance, if any, had been only because the Doctor had become angry on the account that the complainant, now respondent was taking treatment from some illiterate doctors. He uttered the words attributed to him without knowing that the complainant belonged to a member of Scheduled Caste. From the above discussion, this petition is accepted. 8. In this case, the utterance, if any, had been only because the Doctor had become angry on the account that the complainant, now respondent was taking treatment from some illiterate doctors. He uttered the words attributed to him without knowing that the complainant belonged to a member of Scheduled Caste. From the above discussion, this petition is accepted. Order of framing charge is set aside. All proceedings connected with the complaint shall stand quashed.