December 8, 2021


Only The Finest Women

Supreme Court Uses Extraordinary Power To Acquit Man In SC/ST Act Case

The top court made use of incredible powers under Write-up 142 of the Constitution.

New Delhi:

Working with “incredible powers” granted to the Supreme Court, it set apart proceedings from a person convicted below the scheduled Caste and Scheduled Tribe (Avoidance of Atrocities) Act. The courtroom took into account that the casteist slurs were rooted in disappointment owing to a house dispute and not the intention to demean the complainant on the basis of her caste but also stressed that users of the Scheduled Caste and Scheduled Tribe “belong to the weaker sections of our region, they are extra inclined to functions of coercion and consequently should to be accorded a increased degree of defense”. 

The incident took place in the yr 1994 in the Panna district of Madhya Pradesh. Ramawatar and his neighbour Prembai acquired into a dispute more than the possession and possessory legal rights of a piece of land. It took an ugly change when he allegedly not only threw a brick on her but also utilized casteist slurs and made filthy remarks. The lady belongs to the ‘Prajapati’ group which is shown as a Scheduled Caste in the point out.

The top rated court utilised remarkable powers below Article 142 of the Structure to established apart proceedings in opposition to the person, taking notice of a compromise among the parties and “in purchase to stay clear of the revival of healed wounds, and to advance peace and harmony”. The judgment was passed by a 3-decide bench of CJI NV Ramana, Justice Surya Kant, and Justice Hima Kohli.

The lady experienced submitted a case below the SC/ST Act and Ramawatar was sooner or later convicted, sentenced to 6 months of arduous imprisonment, and fined Rs. 1,000. The accused then challenged his conviction and sentence prior to the Large Court docket of Madhya Pradesh, Jabalpur Bench but his charm was dismissed on August 2, 2010.

Mr Ramawatar then moved the Supreme Court and educated the Courtroom that the make any difference had been settled concerning the get-togethers, and the woman had submitted an application for compromise.  The accused explained to the Court that the events are residents of the exact village and there is no existing enmity among them. It was submitted that the parties wished to settle their dispute so that they may perhaps continue to have cordial relations.

The order also mentioned that “no relief can be provided to the accused bash” if the Courts fond “even a trace of compulsion or power”.

The bench took into account that the two accused and sufferer belong to the exact same social and economic strata and mentioned that the accused was not a repeat offender as there has been no other dispute involving the accused post the incident 27 decades ago.

“It appears to us that even though the appellant might not belong to the identical caste as the complainant, he far too belongs to the fairly weaker/backward segment of the society and is definitely not in any improved financial or social placement when when compared to the victim,” the bench noticed. 

Maintaining in head the socio-economic status of the appellant, the bench was of the opinion that “the overriding goal of the SC/ST Act would not be overwhelmed if the present proceedings are quashed”.

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