Court Upholds Prosecution's Prima Facie Evidence Against Accused in SC/ST Act Violation
In a significant ruling, the Kerala High Court, led by Justice A. Badharudeen, dismissed the discharge petition filed by the appellants, Rakesh and others, accused of committing offenses under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The court upheld the Special Court's decision, emphasizing the presence of prima facie evidence warranting a trial.
The case, rooted in a boundary dispute, involves allegations of criminal trespass and assault by the accused, members of the Hindu-Nair community, against CW1, from the Hindu-Tandan community, and his wife, a Hindu-Ezhava. The prosecution claims the accused used derogatory caste remarks and physical violence, causing injury and property damage.
The appellants sought discharge based on alleged inconsistencies in witness statements and the omission of caste-related insults in the initial First Information Statement (FIS). They argued the case was fabricated out of personal vendetta linked to a civil dispute. However, the court rejected these grounds, stating that contradictions and omissions could be tested during witness cross-examination.
Justice Badharudeen highlighted that the presence of strong suspicion, supported by additional statements, sufficed to proceed with the trial. The court also noted that the Special Court had rightfully considered contradictory investigation reports before dismissing the discharge petition.
This decision reinforces the judiciary's commitment to addressing atrocities under the SC/ST Act, ensuring that trials proceed when prima facie evidence is present. The court has directed the Special Court in Alappuzha to expedite the trial, pending for over a decade, and complete it within four months.
Bottom Line:
Discharge petition in a criminal case cannot succeed merely on grounds of contradictions in witness statements, omission in the First Information Statement, or allegations of personal vendetta, when prosecution records show prima facie evidence of the commission of offenses.
Statutory provision(s): Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 14A, Indian Penal Code Sections 447, 323, 324, 354, 294(b), 506(ii), 427, and 34.
Rakesh v. State Of Kerala, (Kerala) : Law Finder Doc id # 2853480
