V.G. Palshikar, J. - (1.) By this petition, the petitioner seeks to challenge the investigation commenced in pursuance to the First Information Report on the ground that no case under section 3(1)(xi) of the S.C./S.T. Prevention of Atrocities Act is committed.
(2.) Initially the case was registered under section 376 but on investigation police found that it is a case Under Sections 341 and 354 of the Penal Code. Both the offences are bailable except the one Under Section.
(3.) There is no material on record to come to a conclusion, even prima facie, that the petitioner-accused knew that the victim belongs to a Scheduled Caste or Scheduled Tribe and had violated her person with that intention. There is, therefore, no reason to believe that the petitioner might have committed the offence as contemplated by the Act. The petition for quashing of the entire prosecution and (the FIR, however, is dismissed with the direction that the petitioner shall not be arrested for any offence under the provisions of S.C./S.T. Atrocities Act. Petition dismissed.;