HYDERABAD:Though the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act provides for stringent action against those committing atrocities against members of the SC and ST communities or indulging in actions which are derogatory to their dignity, the cases filed by the aggrieved community members against the accused will fail if the complaint and charge sheet are silent about specific allegations.
In one of the cases before the Hyderabad High Court, three accused persons from West Godavari district of AP urged the court to quash the case registered against them for offences punishable under the SC, ST (POA) Act which was pending before the trial court.The case of the prosecution was that the complainant, belonging to SC community, was beaten by the accused persons at a private party and was also abused him by his caste name in un-parliamentary language. He was treated at a government area hospital for simple injuries. The case was registered at Tanuku police station by recording the statement of de facto complainant. About 10 persons were present at the party. Investigation was completed and chargesheet was filed.
Justice T Amarnath Goud found that the contents of the complaint of the victim did not specifically say who had abused and who had beaten him. Neither the charge sheet or the complaint nor the eyewitness had made any specific allegation against the accused persons. The eyewitness, who took the complainant to the hospital for treatment, stated that there were almost 10 persons present at the party and that the investigating officer had not probed the issue or examined the witnesses. Besides delay in the lodging of the complaint, the complaint and chargesheet were silent about the specific allegations, including the statements recorded by the investigating officer, the judge observed.
Relying on a High Court judgment in the case of Gara Yesobu and others vs State of AP, the judge said that in the light of the omnibus allegations and for the reasons stated above, the petition was allowed by quashing the case registered under the SC, ST Act against the accused petitioners.