Emperor Vs. Chennappa Basappa - Court Judgment

Excerpt:
.....even if the charge sheet is filed at the time of consideration of the charge, it si open to the accused to bring to the notice of the court that the materials do not show that the accused does not belong to scheduled caste or scheduled tribe. even if charge is framed at the time of trial materials can be placed to show that the accused either belongs to or does not belong to scheduled caste or scheduled tribe. even if charge is frame d at the time of trial materials can be placed to show that the accused either belongs to or does not belong to scheduled caste or scheduled tribe. it is not a requirement und4r section 3 of the atrocities act that the complainant should disclose the caste of the accused in the complaint. in other words, if there is no mention of the caste of the accused.....1. we agree with the learned district magistrate that the math in which the card-playing in this case was carried on cannot be regarded as a public place within the meaning of the bombay prevention of gambling act iv of 1887. we must, therefore, set aside the convictions of the accused and direct their acquittal and discharge. the fines, if paid by them, should be refunded to them.