SC & ST Act
Vikas Aneja
(Querist) 05 October 2010
This query is : Resolved
I filed a criminal complaint under section 3(1)(x) of SC & ST Act R/w 323 IPC and in complaint I specifically mentioned that the accused belongs to higher caste and the complainant belongs to lower caste.
In Preliminary evidence, the complainant produce his caste certificate to prove his caste and fully corroborate the complaint, but he did not say any word about the caste of the accused and the lower court summoned the accused only under section 323 IPC and not summoned under section 3(1)(x) of SC & ST Act on the ground that none of the witness uttered any word about the caste of the accused, I specifically told the Judge that witnesses has no need to say any word about the caste of the accused as it is the accused who can prove his caste, and in complaint it is specifically mentioned that the accused belongs to higher caste, but the lower court ignore this point.
I filed revision against that order.
Now the question is
1) whether there is any need to specify in the evidence about the caste of the accused?
2) If yes please give some citations
Thanx
M/s. Y-not legal services
(Expert) 05 October 2010
In this case, the burden of proof is your's only.. I have to say one thing, our govt passed this p.c.r act with a very good manner.. But don't miss use it.. Its not a weapon for your's caste revenge..
