Read Time: 09 minutes

Synopsis

The Kerala High Court has recently held that it is necessary to rule out the possibility of false implication in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act cases, the High Court has suggested the trial courts to evaluate the cases carefully while considering the cases under the Act.

A bench of Justice A Badharudeen noted, "it is necessary to address the tendency of false implication of innocent persons, who do not belong to Scheduled Caste or Scheduled Tribe community, by misusing the provisions of the SC/ST (POA) Act."

The order has been passed in a plea filed by a woman who is accused of an offense registered alleging commission abusing a member of SC/ST punishable under Sections 3(1)(s) of the SC/ST (POA) Act, against an order disallowing pre-arrest bail passed by the Special Judge under the SC/ST (POA) Act.

It has been alleged that when the complainant reached Valappad Service Co-operative Bank, Beach Road Branch, Kothakulam to remit the interest towards the gold loan availed by him, the accused who did not belong to the Scheduled Castes or the Scheduled Tribes community and an employee of the Bank, called the caste name of the complainant, who belongs to the Scheduled Castes community, and thereby abused him by calling his caste name within the public view.

The counsel appearing for the woman informed the bench that the appellant woman had filed a complaint of sexual harassment against one V.R.Babu, who is the Secretary of the Valappad Co-operative Bank, which led to the registration of FIR against him under Section 354A(1)(i) and 354A(1) and (2) of the Indian Penal Code.

It has been alleged that the Secretary of the Bank, who is having control over the entire affairs of the Bank with the assistance and connivance of the other employees, repeatedly compelled the appellant woman to withdraw the case and the present case is one foisted with an ulterior motive to achieve the said goal.

Thereby proving the falsity of the complaint, the bench was informed that the complainant herein is none other than the husband of Smt. Remadevi, an employee of the said Society.

Local Complaints Committee, Thrissur, on the application of the appellant woman with regard to the incident conducted an inquiry and finally recommended the removal of VR Babu from the post of Secretary till the culmination of the criminal case, the counsel added.

In view of the above, the bench said that "It is shocking, rather a mind blowing fact that many innocent persons are victims of false implication under the SC/ST (POA) Act. Therefore, it is the need of the hour for the courts to segregate the grain from the chaff by analysing the genesis of the case, the antecedents prior to registration of the crime, with reference to the existence of animosity between the complainant and the accused, with particular attention, vis-a-vis previous disputes/cases/ complaints, etc. while considering the question of prima facie case, when considering a plea for pre-arrest bail."

The Court also held that on evaluation of the genesis of the case within the ambit of the above case, if the court finds something to see the possibility of false implication, in such cases, the court could very well hold that prima facie, the prosecution allegations could not be believed for the purpose of denying anticipatory bail, after leaving the question as to the commission of the offense for a detailed and fair investigation by the Investigating Officer. Indubitably, such a course of action is necessary to rule out the possibility of false implication, the bench added.

Additionally, the bench opined that the present complaint at the instance of the husband of an employee of the Bank with an intention to falsely implicate the appellant in a serious offense under the SC/ST (POA) Act could not be ruled out. In such a case, the case advanced by the complainant is prima facie doubtful.

However, the bench allowed the investigation to go on in a fair manner to unearth the truth of the allegations and left the same to the domain of Investigating Officer while granting pre-arrest bail to the woman.

Case Title: X Vs. State of Kerala & Anr.