Court orders couple to be tried under SC Act

A couple has been ordered to be put on trial by a Delhi court for allegedly making derogatory and castiest remarks against a scheduled caste widow publicly.

Additional sessions judge T R Naval said there is prima facie enough evidence against the Delhi-based couple to order framing of charges against them for the offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act.

He ordered framing of charges against them for offences dealing with intentionally insulting a member of a scheduled caste in a public place to humiliate him or her.

“Prima facie there is sufficient material to frame charge against both the accused for the offence of atrocity punishable under section 3 (i) (x) of the Act. Let charge against them be framed accordingly,” the court said.

The order came on the widow’s complaint, which said she belonged to scheduled caste and the accused, who are her neighbours and belonged to a higher caste, uttered castiest remarks to humiliate her publicly last year in March.

Police, after probing the case, had filed a charge sheet against the couple for the offence punishable under section 3 (i) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act.

During the arguments on charges, the counsel for the couple said the widow was not having the scheduled caste certificate on the date of the alleged incident and it was obtained subsequently from a place outside Delhi.

The defence counsel sought discharge of both the accused but the judge ordered framing of charges against them saying, “The material placed on record has prima facie raised a grave suspicion against the accused persons that they are involved in commission of atrocity on the complainant punishable under section 3 (i) (x) of the Act.”

HC frees cop taking Rs 50

A traffic constable, sentenced to a year in jail for taking Rs 50 as bribe from a truck diver 14 years ago, has been acquitted by the Delhi High Court.

Justice P K Bhasin set aside the conviction and sentence of Delhi traffic police constable Gireesan A on his appeal against the trial court's order.

“In my view, the conviction of the appellant-accused cannot be sustained and he is entitled to be acquitted with the benefit of doubt,” the court said.

“This appeal is accordingly allowed. The judgment dated March 20, 1998 of the special judge and the order on sentence dated March 21, 1998 are set aside,” the court added.
The court took note of the fact that during the trial, complainant Bhupinder Singh was not examined as a prosecution witness because he was not traceable.

The special judge had convicted him on the basis of evidence of formal prosecution witnesses.

On April 23, 1993, Gireesan A, was arrested while he was performing traffic duty along with his senior colleagues, by the Anti-Corruption Branch officials for allegedly accepting Rs 50 from a truck driver.