Does quashing the charges under the SC/ST Act for want of 'public view' also affect separately registered charges under the Indian Penal Code arising from the same FIR?
Coram: Vikram Nath; Sandeep Mehta
No. The proceedings under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act stand quashed for want of the 'public view' ingredient, but the proceedings continue insofar as they relate to the remaining offences under the Indian Penal Code.
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(r) — Section 3(1)(s) — Within public view — Quashing of proceedings — SC/ST Act, 1989 — s.3(1)(r), s.3(1)(s) — 'Within public view' — Meaning — Held: 'Within public view' under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act requires an open place where the public can witness or hear the utterance, not an enclosed space the public cannot access. (¶10, 11) SC/ST Act, 1989 — s.3(1)(r), s.3(1)(s) — Quashing — IPC charges unaffected — On facts, held: the alleged abuse occurred inside an enclosed room with no public access; the essential ingredient of public view is not satisfied, the SC/ST Act charges are quashed, and the proceedings continue for the remaining offences under the Indian Penal Code. Appeal allowed. (¶12, 15, 18, 19)
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