Intent & caste not proved, four cleared in SC/ST case | Mumbai News – Times of India

Mumbai: A special court has acquitted a north Mumbai school principal, a supervisor and two teachers 11 years after they were accused of harassing and humiliating a fellow teacher over her caste.The court ruled that the prosecution failed to prove malicious intent and establish the complainant’s caste, which are fundamental requirements for conviction underScheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.According to the complainant, the accused subjected her to derogatory remarks from 2010 to Sept 2013. One of the cited remarks was: “The school is going to dogs. You have to improve the standard of English. You got your job because of your reservation… You are not fit for teaching job. It is better to go for sweeping (sic).”Special judge S M Tapkire said these words, even if they had been uttered, did not “clearly and specifically demonstrate the precise malicious intent” required by SC/ST Act. The judge noted that the alleged incidents occurred “within four walls”—the school’s office—and lacked the “public view” element crucial for an offence under Section 3(1)(x) of the Act, which deals with insulting or intimidating an SC/ST community member with the intent to humiliate them in public.The judge pointed out that the prosecution “miserably failed” to establish the complainant’s caste—a fundamental requirement.Besides, of the three purported eyewitnesses—all teachers at the same school—two turned hostile and did not support the prosecution’s case. An assistant teacher who was alleged to have witnessed an incident involving a broom was not produced.The court noted that the complainant did not file a police complaint immediately, and had no “considerable appreciable explanation” for why she approached the state SC/ST commission directly. The FIR was filed only on Feb 18, 2014, despite the alleged incidents occurring since 2010.Advocate Mohan Rao, representing the accused, aged 57-62, highlighted the complainant’s “history of inappropriate conduct and unauthorised acts” during her employment. He said the school management issued repeated notices and memos, ultimately leading to her termination, which was upheld by a school tribunal. Rao said this indicated the complainant’s intent to prevent action against her.The judge raised concerns about the investigation process itself. The initial inquiry was conducted by an assistant police inspector, who was not authorised to investigate offences under SC/ST Act. While the probe was later taken over by an ACP, his evidence was described as “cryptic meagre vague and ambiguous”, and he failed to properly prove the complainant’s caste or ensure caste verification compliance.All four accused had been out on bail.