The apex court held that affront or terrorizing of a SC ST individual inside the four pillars of the house, isn’t an offense under schedule Caste and Scheduled Tribes (prevention of atrocities) act, 1989.
For this situation, the FIR expressed that the accused entered illicitly into the 4 pillars of the victim’s house and begun mocking and gave death theeats and use rank comments on caste and so forth The bench involving Justice Nageswara Rao, Hemant Gupta and Ajay Rastogi was thinking about an appel against the High Court judgment which wouldn’t quash the charge sheet under SC ST act.
The court noticed that the fundamental elements of the offense under section 31(1)(r) of the act can be classified.
1) purposefully affront or humiliate with goal to embarrass an individual of SC ST
2) in any place inside general visibility of crowd.
The court additionally saw that the offense under the act isn’t set up simply on the way that the witness is an individual from schedule caste except if there is an aim to double humiliate an individual of schedule caste of schedule tribe for the explanation that the casualty has a relation with such caste. All intimidations or insults of an individual won’t be an offense under the act except if Such terrorizing to an individual won’t be an offense under the Act except if Such affront, insult or terrorizing is by virtue of a victim associated with SC or ST, it said.