Offences Under SC/ST Act -- Utterance Inside Enclosed Room -- Not within public view
(i) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(1)(r), S.3(1)(s) -- Offences Under SC/ST Act -- Utterance Inside Enclosed Room -- Does not satisfy the requirement of a place within public view, since such a place must be open to members of the public who can witness or hear the utterance. An utterance made within four walls, where members of the public are not present, does not attract the offence. Mere presence of persons within the same premises, without evidence that they witnessed or heard the utterance, does not establish public view. (ii) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3 -- Cognisance of Offences Under SC/ST Act -- Requires the basic ingredients of the offence to emerge from the material placed before the court, even though meticulous appreciation of evidence is not required at that stage. Material disclosing only a quarrel or scuffle, without any specific caste-based utterance attributable to the accused, does not make out a prima facie case.
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