Atrocities Against Scheduled Caste Woman -- Circulation of Objectionable Photographs on WhatsApp -- Falls within public view under SC/ST Act
(i) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(1)(w)(ii), S.3(2)(va) -- Atrocities Against Scheduled Caste Woman -- Circulation of Objectionable Photographs on WhatsApp -- Capturing objectionable photographs or videos of a Scheduled Caste woman and circulating them to her relatives through social media falls within the ambit of public view -- Digital transmission of such material satisfies the statutory threshold -- Offence is attracted notwithstanding the private mode of transmission. (ii) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.18 -- Anticipatory Bail -- Statutory Bar Where Prima Facie Offence Established -- Statutory bar against anticipatory bail applies where the record prima facie discloses the ingredients of the offence -- Bail cannot be granted merely because the accused disputes the applicability of the statutory provisions. (iii) Code of Criminal Procedure, 1973, S.438 -- Anticipatory Bail -- Accused Absconding Since Registration of Crime -- An accused who remains absconding and evades arrest since registration of the crime is not entitled to anticipatory bail -- Evasion of arrest and obstruction of investigation weigh against grant of pre-arrest relief.
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