Read Time: 03 minutes
The Bench noted that the offence committed under the SC/ST Act is the most inhumane act against the Community, and rejected the appellant's arguments.
A division bench of Bombay High Court, comprising Justice AS Gadkari and Justice Milind Jadhav, on Monday dismissed an appeal filed by one Riyaz Ahmad. He was booked under various sections of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.
The advocate for the appellant argued before the court, that the appellant did not know that the complainant belongs to the SC/ST community. And it is essential that the appellant should have known that the person belonged to that community at the time of committing the offence. Further, he also stated that the other three persons who manhandled the complainant, and the police were not associated with him and the appellant had just held the hand of the complainant without knowing which community he belonged from.
The court while disagreeing with the appellant noted, that this is the most inhumane act against such communities and that the courts are not convinced with the arguments of the petitioner. Further, the court also stated that the act was pre-planned with the intention to commit the crime and that it is not the object of the legislature to allow such people to be set free.
When the court started dictating the order the advocate for the petitioner requested the court to withdraw the case.
Case Title: Riyaz Ahmad Ibrahim Hendukari Versus State of Maharashtra
Please Login or Register
