Atrocities Against SC/ST -- Both Parties Belonging to Scheduled Caste -- Provisions of the Act cannot be invoked where accused also belongs to Scheduled Caste community
(i) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ss.3(1)(r), 3(1)(s) -- Atrocities Against SC/ST -- Both Parties Belonging to Scheduled Caste -- Essential ingredient of these provisions requires the accused to be a non-member of the Scheduled Caste or Scheduled Tribe community. Offence stands unattracted where the accused himself belongs to the Scheduled Caste community. (ii) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3 -- Atrocities Against SC/ST -- Insult Not Linked to Caste Identity -- Every insult or intimidation to a member of Scheduled Caste or Scheduled Tribe does not amount to an offence under the Act. Offence is made out only where the insult or intimidation is on the ground that the victim belongs to such community.
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