The court affirms prima facie evidence against the accused under the SC/ST (Prevention of Atrocities) Act, 2018, relying on the complainant's statement.
In a significant ruling, the Kerala High Court has dismissed the criminal appeal filed by Reshmi Saseendran challenging the order of the Special Court which had denied her discharge from charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2018. The case, centered around allegations of caste-based humiliation, highlights the stringent application of laws protecting marginalized communities.
Presided over by Justice A. Badharudeen, the High Court examined the appeal against the backdrop of the alleged incident that occurred on March 31, 2023. It was reported that during a meeting at the Bharat Services Facility Management Office, the appellant allegedly humiliated the complainant by referring to her caste name in public. The alleged offense falls under Sections 3(1)(r) and 3(1)(s) of the SC/ST (PoA) Act, 2018, which deal with intentional insults and intimidation aimed at humiliating members of Scheduled Castes or Tribes in public view.
The appellant's counsel argued for discharge, pointing to the lack of corroborative evidence from witness No. 2 and others. However, the court emphasized that the law does not require multiple witnesses to establish such offenses, as the testimony of a single credible witness can suffice. The statement of the defacto complainant was deemed sufficient to establish a prima facie case, as it clearly disclosed the essential elements of the alleged offenses.
The judgment underscored the court's duty in discharge petitions to scrutinize prosecution records for prima facie evidence or strong suspicion justifying the framing of charges. Mere suspicion is inadequate, the court noted, thereby affirming the lower court's decision that there was enough material to proceed with the trial.
This ruling reinforces the judiciary's commitment to uphold the protections granted under the SC/ST (PoA) Act, ensuring that cases of caste-based discrimination are addressed with due seriousness. The dismissal of the appeal allows the case to proceed to trial, where the merits of the allegations will be thoroughly examined.
Bottom Line:
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2018 - Discharge of accused - Mere statement of the aggrieved person, if it discloses the ingredients of the offence, can suffice to establish a prima facie case under Sections 3(1)(r) and 3(1)(s) of the Act.
Statutory provision(s): Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2018 - Sections 3(1)(r), 3(1)(s)
Reshmi Saseendran v. State of Kerala, (Kerala) : Law Finder Doc Id # 2840507
