If the accused did not know the victim's caste

 If the accused did not know the victim's caste, then Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989 may not be attracted, because knowledge of the victim’s caste is an essential ingredient for invoking the provisions of the Act.

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Key Judicial Precedents:

1. Hitesh Verma v. State of Uttarakhand, (2020) 10 SCC 710:

   • The Supreme Court held that “intention to humiliate a person belonging to SC/ST in a place within public view is a necessary ingredient” of the offence under the Act.

   • The Court emphasized that mere abusive language or quarrel will not attract the Act unless it is intentionally targeted at the victim's SC/ST identity.

   • If the accused was unaware of the victim’s caste, it cannot be said that the humiliation was caste-based.

2. Khuman Singh v. State of Madhya Pradesh, (2019) 8 SCC 625:

   • The Supreme Court observed that mere utterance of caste name in isolation is not sufficient. There must be intentional insult or intimidation with knowledge of the victim's caste.

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Conclusion:

If the accused had no knowledge that the victim belonged to a Scheduled Caste or Scheduled Tribe, and there is no evidence of intentional insult or discrimination based on caste, then the SC/ST Act cannot be lawfully invoked.

However, each case depends on evidence — including whether:

• The accused had prior interaction with the victim,

• There was a history of caste-based hostility,

• The insult or assault occurred in public view, and

• Witnesses can corroborate the intent of the accused.