- (1.) THIS revision petition has been filed against the order dated 15.2.1999, passed by the learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Cases , Sirohi whereby the present petitioners have been charged for the offence under Section 3(i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ' the Act of 1989').
(2.) THE short facts of the case are that the complainant Kamla filed a written report before the Superintendent of Police, Sirohi stating therein that on 26.12.1994 at about 2- 2.30 p.m. when she was working at the house of Gajanand and his wife Vidhya Devi and daughter-in-law Sunita were also there, the present petitioners abused her for theft and also insulted and humiliated her. They called him 'dhedhani' and 'sargadi. After investigation charge-sheet has been filed. The case was committed to the court of Special Judge, Sirohi and the present petitioners have been charged for the above offence. Hence this revision. The only contention of the present petitioners is that the place where the alleged intentional insult or intimation has been complained of, is not a public place and not within the public view. It is residence of the accused and no member of the public was there and the offence does not come under the definition of Section 3(i)(x) of the Act of 1989.
(3.) PER contra, the contention of the Public Prosecutor is that Gajanand, Vidhya Devi and Sunita were there at the time of the incident and the place within public view is not identical with that of public place and the learned trial court has rightly charged the present petitioners.;