Team Goemkarponn
PANAJI: The High Court of Bombay at Goa has upheld a 2021 Sessions Court ruling that discharged Manjiri Dhargalkar and two others in a case registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Justice Valmiki Menezes, who delivered the verdict, noted that the Sessions Court had rightly examined whether the essential legal ingredients under Sections 3(1)(r) and 3(1)(s) of the Act were satisfied before discharging the accused. “There is no flaw in the Sessions Court’s findings. It appropriately evaluated the witnesses’ statements and determined that the charges did not meet the necessary legal thresholds,” the judge observed.
The case stemmed from allegations of caste-based abuse, but the High Court stressed that for the Atrocities Act to apply, such insults must be made in the presence of members of the public. “The insult must be directed at the complainant’s caste in a public setting, where others are within earshot. Merely using caste-based language in isolation is not sufficient to constitute an offence,” the Court clarified.
During the proceedings, Additional Public Prosecutor Pravin Faldessai argued that the lower court had overlooked key evidence. He highlighted that the complainant’s correct surname was “Gawade” and that multiple witnesses had allegedly heard the caste-related remarks. However, the High Court found that these claims did not satisfy the legal requirement of public utterance needed under the Act.
Concluding that the Sessions Court had properly applied legal principles, the High Court dismissed the State’s revision petition and affirmed the discharge of the accused.
