Prithviraj K. Chavan JUDGMENT
Prithviraj K. Chavan, J.
1. Heard.
2. Admit.
3. Mr. S. Redkar, learned Counsel waives notice on behalf of the respondents.
4. By this revision, under Section 397 of Code of Criminal Procedure, the petitioner/State of Goa through Police Station Colva, has challenged the legality, propriety, and correctness of the impugned order of discharge dated 1.3.2017 passed by the Special Judge Margao, Goa, discharging the petitioner of the offence punishable under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act") and Sections 504 and 506(ii) read with Section 34 of IPC.
5. Relevant facts required for disposal of this petition can be stated as follows:-
"On 19.2.2015 at about 06.45 hours the respondents/accused in front of house No. 223/2, Calwaddo, Varca Salcette Goa with their common intention abused the complainant Manic Jatav in filthy language and also on his caste by calling him as "ghanti, bhongi, chamar and mhar" in a public view and thereby intentionally insulted and humiliated the complainant who belongs to "Jatav Caste" which is recognized as the Scheduled caste. The respondents/accused had also threatened the complainant, with dire consequences by stating that they would break his leg. Accordingly, an offence came to be registered against the respondents under Sections 504 and 506(ii) read with 34 IPC and Section 3(1)(x) of the Act. After investigation a chargesheet has been field before JMFC at Margao and the case has been committed to the Special Court. After hearing the arguments before charge, the learned Special Judge by the impugned order discharged the respondents/accused and therefore, the State has filed the present revision application."
6. I have heard Shri S. Rivankar, learned Public Prosecutor for the appellant and Shri S. Redkar, learned Counsel appearing for the respondents.
7. Shri Rivankar, learned Public Prosecutor took me through the records especially the complaint lodged by Manic Jatav on 31.3.2015 coupled with caste certificate issued by the Competent Authority i.e. Sub Divisional Officer, District Murena, Madhya Pradesh indicating that the complainant belongs to "Jatav caste" which is a scheduled caste. The complaint reveals that on 19.2.2015 in the morning when the complainant was going to market to buy bread and milk for his children and was about to cross the house of the respondent No. 1 Metzi Cardoz, came out from her house and started abusing in filthy language in Konkani and further insulted the complainant by saying "ghanti, bhongi, chamar and mhar". The complainant also alleged that respondent No. 1 had been abusing him in similar way on so many times. She also threatened him with dire consequences by stating that she will break his leg. The complaint reveals that the complainant belongs to Scheduled Caste as it is evident from the Caste Certificate annexed to the complaint dated 1.5.2014. Even the learned Counsel for the respondents has not disputed the Caste Certificate issued by the Competent Authority, which is a public document.
8. Statement of the complainant finds support from the statement of Filastro Cardozo who is a teacher by profession and had kept complainant Manic ........