As per the case, the aggrieved party alleged that when he was going towards his house, the accused used abusive language against him, assaulted and terrorized him.Meanwhile, the people present around the spot reached the spot and tried to save the victim.Meanwhile, the accused threatened a person who tried to save him, who belonged to the Scheduled Caste, by taking the name of his caste. The aggrieved person lodged a complaint alleging that the accused used caste-indicative words with the intention of humiliating the SC person trying to save him and the witness in the matter. In this case, the court was of the opinion that the Scheduled Caste person himself is not the complainant, In such a situation, it would be unfair to assume that the intention of the accused was to humiliate the victim on the basis of her caste.The court said that During a quarrel or argument, taking the name of a person without any intention to insult his caste or suddenly abusing him with the name of the caste cannot be sufficient ground to make him an offense under the SC ST Act.Justice RK Patnaik has said that in order to be convicted under the SC ST Act, the accused must have intended to humiliate the victim.The Court further said that if during an incident a person is abused with the name of his caste or suddenly the name of the caste is mentioned So the humble approach of the Court would not be sufficient ground to determine that the accused has committed any offense under the SC / ST Act Under the SC/ ST Act, a person can be considered guilty only when it is prima facie established that the victim has been insulted because he belongs to schdulecaste/schedule tribe. Referring to the case of Hitesh Verma vs State of Uttarakhand, the Court said that the Supreme Court held that an offense under the SC/ST Act would not be established unless the victim was discriminated against on the basis of her caste. The court, while dismissing the SC/ST Act charges leveled against the accused in the case, said that Taking the name of a person's caste without any intention of insulting him during a quarrel or argument or suddenly abusing him with the name of his caste cannot be sufficient ground to make him an offense under the SC ST Act.But the court refused to quash the charges against the accused under the Indian Penal Code
