Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(r) & (s) — “Public View” Requirement — For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view” — Where a key prosecution witness (PW-1, complainant’s husband) explicitly states in evidence that only immediate family members were present during the alleged incident and no other member of the public was present, the essential ingredient of “public view” is not established, and conviction under these clauses cannot be sustained.
HUTU ANSARI @ FUTU ANSAR AND OTHERS
Vs.
THE STATE OF JHARKHAND
