Digital Desk, Bangalore. The Karnataka High Court in its judgment said that abuses committed in the basement cannot be a crime. The court has quashed the proceedings under the SC-ST Act. The Karnataka High Court has held that casteist abuse under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act must take place in a public place.
With this decision, the court has dismissed the case pending for two years. The complainant had alleged that she was subjected to casteist abuse in the basement of the building in the presence of her colleague. In the judgment, the court said that the basement cannot be a public place.
Justice M Nagaprasanna of the Karnataka High Court, in his judgment on June 10, observed, “A reading of the above statements bring to the fore two factors- one that the basement of the building was not a public place and the other is being claimed only by those who The complainants are Mohan, Bhavan Swami Jayakumar R Nair and co-workers of the complainant.” The court said, “The use of abusive words is not clearly done in a public place, hence there is no provision for punishment.”
what was the matter?
According to the complainant Mohan, the incident is of the year 2020. When Ritesh Pias allegedly used casteist words for Mohan during the construction of the building. The victim and his co-workers were present at that time. Let us inform that all the laborers were given work on contract by the building owner Jayakumar Nair.
At the same time, the High Court further said in its decision that the complainant has sought action under section 323 on the allegation of causing hurt to Ritesh. The High Court also rejected the demand saying that the injury marks on Mohan’s body appeared to be simple scratches and there was no sign of bleeding. Therefore, simple scratch marks cannot be an offense under section 323 of the IPC.
At the same time, while dismissing the matter pending before the lower court, the High Court said, “On the basis of the above facts, when the basic elements of the offense are missing, then it would be completely unfair to continue such proceedings and criminally prosecute the petitioner.” Which would lead to an abuse of the process of law.”
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