Summary
The Supreme Court quashed the charge under Section 3(2)(v) of the SC/ST Act because the admitted prosecution case did not allege the qualifying IPC offence against an SC/ST victim with knowledge of that status. The alleged shooting concerned another person; casteist abuse of an SC witness did not supply the missing ingredients. The unchallenged IPC charges were left for trial before the ordinary Sessions Court.
Issues
- Whether the admitted prosecution allegations supplied the ingredients of Section 3(2)(v) of the SC/ST Act.
Provisions considered
- Section 3(2)(v), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989The qualifying IPC offence, punishable by ten years or more, must be against the protected person or property with the specified knowledge. Those ingredients were absent on the prosecution’s own case. (¶ 13–17)
- Section 227, Code of Criminal Procedure, 1973Grave suspicion can suffice at charge, but a charge is not required where the admitted prosecution material does not disclose the offence’s necessary ingredients. (¶¶ 2, 12, 17)
Held
- The charge-stage court need not meticulously evaluate evidence, yet must examine whether the necessary statutory ingredients arise even on the prosecution’s admitted case. A missing ingredient cannot be supplied by the general grave-suspicion threshold. (¶ 12)
- The only alleged IPC offence attracting the ten-year threshold was the shooting at Rinku Thakur. The materials did not allege that such an offence was committed against an SC victim with knowledge of caste status. The separate allegations of casteist abuse towards Virender Kumar did not sustain the Section 3(2)(v) charge. (¶ 13–17)
- The appellants abandoned their challenge to the IPC charges, which continued. Quashing the SC/ST charge required transfer from the Special Court to the Sessions Court having jurisdiction; the existing bonds continued until conclusion of trial and the non-bailable warrants were quashed. (¶¶ 4, 18)
Result
Appeal allowed to the stated extent. Section 3(2)(v) charge and corresponding rejection orders set aside; remaining IPC trial transferred to the competent Sessions Court. Bonds continued; non-bailable warrants quashed. Pending applications disposed of.