Prayagraj

The Allahabad High Court has held that mere use of a caste name like 'Chamar' does not automatically attract the provisions of the SC/ST (Prevention of Atrocities) Act unless there was an intent to humiliate the victim.

Allowing a criminal appeal filed by Vegraj Singh and others, Justice Santosh Rai quashed the summon order issued under section BNSS 358 dated March 21, 2025 by a Bareilly court against the appellants.

The court in its order of August 13 observed, "Mere use of the word 'Chamar', however, would not by itself establish that the appellants used the said word with the intention or knowledge of insulting or humiliating the victim on the ground of her belonging to an SC/ST community."

The facts of the case were that an FIR was registered at Izzatnagar police station of Bareilly involving allegations of rape and intimidation.

Police after investigation filed charge sheet against the main accused Himmat Singh but his father Vegraj and elder brother Daulat, were initially exonerated by the police.

However, during the trial, the victim claimed the appellants had used the word "Chamar" against her after which the trial court summoned them to face trial.

The appellants challenged this summoning order in the high court arguing that the victim had not assigned appellants any specific role during her earlier statements (under Sections 161 and 164 CrPC) regarding casteist remarks.

The court relied on the constitution bench decision of the Supreme Court in Hardeep Singh vs. State of Punjab where it was held that the power under section 319 CrPC is extraordinary to be exercised sparingly and requires evidence stronger than the prima facie case applied at the stage of framing charge.

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"In the absence of any reliable, sterling material or evidence pointing unmistakably towards the complicity of the appellant, the trial court erred in law by summoning the appellant under Section 358 BNSS in a casual and cavalier manner," the court added.