Nido Pavitra has moved the high court seeking quashing of the September 25, 2014, order of the sessions court which had held that no charge could be framed against the accused under the relevant provisions of the Scheduled Castes and Scheduled Tribes (SC/ST) (Prevention of Atrocities) Act, 1989.
Following the altercation, the shopkeepers had allegedly thrashed him. He was brought dead to AIIMS the next day.
The death of Tania had evoked outrage among the people of the northeast living in the national capital who alleged police had failed to protect him.
Initially, the police had booked the four adult accused, Farman, Pawan, Sunder Singh and Sunny Uppal, under section 302 (murder) of IPC after the postmortem report showed Tania died due to injuries on his head and face caused by a blunt object. The agency had also invoked charges under the SC/ST Act.
Three minors, who had also allegedly assaulted Tania, are facing an inquiry before the Juvenile Justice Board here.
"It is humbly submitted that the trial court had adopted wrong interpretation of the law and refused to frame charges against the accused persons under the provisions of the SC/ST Act despite the fact that the entire assault which resulted in the untimely demise of a young man was unequivocally and clearly motivated by the accused perceiving the deceased as belonging to Scheduled Tribe," the petition, filed by Advocate Prashant Mendiratta, said.
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