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2020 (11) TMI 1109 - SC - Indian LawsValidity of charge-sheet as well as the summoning order - person belonging to Scheduled Caste - dispute regarding possession of property - HELD THAT:- There is a dispute about the possession of the land which is the subject matter of civil dispute between the parties as per Respondent No. 2 herself. Due to dispute, Appellant and others were not permitting Respondent No. 2 to cultivate the land for the last six months. Since the matter is regarding possession of property pending before the Civil Court, any dispute arising on account of possession of the said property would not disclose an offence under the Act unless the victim is abused, intimated or harassed only for the reason that she belongs to Scheduled Caste or Scheduled Tribe. In judgment reported as KHUMAN SINGH VERSUS STATE OF MADHYA PRADESH [2019 (8) TMI 1880 - SUPREME COURT], this Court held that in a case for applicability of Section 3(2)(v) of the Act, the fact that the deceased belonged to Scheduled Caste would not be enough to inflict enhanced punishment. This Court held that there was nothing to suggest that the offence was committed by the Appellant only because the deceased belonged to Scheduled Caste. Therefore, offence under the Act is not established merely on the fact that the informant is a member of Scheduled Caste unless there is an intention to humiliate a member of Scheduled Caste or Scheduled Tribe for the reason that the victim belongs to such caste. In the present case, the parties are litigating over possession of the land. The allegation of hurling of abuses is against a person who claims title over the property. If such person happens to be a Scheduled Caste, the offence Under Section 3(1)(r) of the Act is not made out. The Appellant had sought quashing of the charge-sheet on the ground that the allegation does not make out an offence under the Act against the Appellant merely because Respondent No. 2 was a Scheduled Caste since the property dispute was not on account of the fact that Respondent No. 2 was a Scheduled Caste. The property disputes between a vulnerable Section of the society and a person of upper caste will not disclose any offence under the Act unless, the allegations are on account of the victim being a Scheduled Caste. Still further, the finding that the Appellant was aware of the caste of the informant is wholly inconsequential as the knowledge does not bar, any person to protect his rights by way of a procedure established by law. The charges against the Appellant Under Section 3(1)(r) of the Act are not made out - the charge-sheet to that extent is quashed - Appeal disposed off.
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