Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989–Sec. 3(1)(xi)–Conviction–Sustainability–Prosecution failed to establish that the alleged incident occurred in the presence of independent or neutral witnesses so as to qualify as being in public view–Further, prosecution did not demonstrate any intentional insult or intimidation with the specific knowledge that the complainant belonged to a scheduled caste community–Mere altercation or entry upon land, if found proved without the requisite mens rea or the element of public view, cannot be brought within the ambit of Sec. 3(1)(xi)–Conviction of the appellant is liable to be quashed and set aside.
