LexASHARFI versus STATE OF UTTAR PRADESH
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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[2017] 12S.C.R. 128
ASHARFI
V,
STATE OF UTTAR PRADESH
(Criminal Appeal No. 1182 of 2015)
DECEMBER 08, 2017
[RANJAN GOGOi AND R. BA:\'~'UMATHI, JJ.]
Penal Code, 1860:
s.376(2)(g), 450 and 323 - Conviction under - By courts
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below - Relying on evidence of prosecutrix, another witness and
medical evidence - Accused sentenced to 10 years RI with fine -
On appeal, held: There is no perversity with respect to conviction
and sentence - Conviction affirmed.
Scheduled Castes and Scheduled Tribes (Prevention of
D Atrocities) Act, 1989:
s.3(2)(v) (as prior to Amendment Act 1 of 2016) - Conviction
under.:.. By courts below - On appeal, held: Unamended s. 3(2)(v)
can be pressed into service only if it is proved that the offence under
the provisions of !PC (punishable with imprisonment for a ll'rl// of
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ten years or more) has been committed on the ground that the: 1·ic1i111
belonged to Scheduled Caste community - In the presmt case, in
the absence of evidence proving such intention of the accused,
conviction uls. 3(2)(v) cannot be sustained - Penal Code, 1860 -
s.376(2)(g).
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Partly allowing the appeal, the Court
HELD : 1. So far as the conviction under Section 376(2)(g)
IPC is concerned, based upon the evidence of PW-3-the
prosecutrix and PW-4 and the medical evidence, both the courts
below recorded concurrent findings that the charge of rape has
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been proved. The Court is not inclined to interfere with the
same and also the sentence of ten years of imprisonment imposed
upon him. There is also no perversity with respect to the
conviction and sentence of the appellant with respect to other
offences under Penal Code. [Para 4] [131-F]
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128
ASHARFI
v, STATE OF UTTAR PRADESH
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2.1 In respect of the offence under Section 3(2){v) of the
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SC/ST Prevention of Atrocities Act, the appellant had been
sentenced to life imprisonment. The gravamen of Section 3(2)(v)
of SC/ST Prevention of Atrocities Act is that any offence,
envisaged under Indian Penal Code punishable with imprisonment
fur a term of ten years or more, against a person belonging to
Scheduled Caste/Scheduled Tribe, should have been committed
on the ground that "such person is a member of a Scheduled Caste
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or a Scheduled Tribe or such property belongs to such member".
Prior tu the Amendment Act 1 of 2016, the words used in Section
3(2)(v) of the SC/ST Prevention of Atrocities Act are " ...... 011 the
ground that such person is a member of a Scheduled Caste or a
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Scheduled Tribe". [Para 5] [131-G-H; 132-A-B]
2.2 Section 3(2)(v) of the SC/ST Prevention of Atrocities
Act has now been amended by virtue of Amendment Act 1 of
2016. By way of this amendment, the words " ....... 011 the ground
that such person is a member of a Scheduled Caste or a Scheduled
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Tribe" have been substituted with the words " ........ knowing that
such person is a member of a Scheduled Casie or Scheduled Tribe".
Therefore, if subsequent to 26.01.2016 (i.e. the day on which the
amendment came into effect), an offence under IPC which is
punishable with imprisonment for a term of ten years or more, is
committed upon a victim who belongs to SC/ST community and
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the accused person has knowledge that such victim belongs to
SC/ST community, then the charge of Section 3(2)(v) of SC/ST
Prevention of Atrocities Act is attracted. Thus, after the
amendment, mere knowledge of the accused that the person upon
whom the offence is committed belongs to SC/ST community,
suffices to bring home the charge under Section 3(2)(v) of the
SC/ST Prevention of Atrocities Act. [Para 6] [132-C-E]
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2.3 In the present case, unamended Section 3(2)(v) of the
SC/ST Prevention of Atrocities Act is applicable as the occurrence
was on the night of 8/9.12.1995. From the unamended provisions a
of Section 3(2)(v) of the SC/ST Prevention of Atrocities Act, it is
clear that the statute laid stress on the intention of the accused
in committing such offence in order to belittle the person as he/
she belongs to Scheduled Caste or Scheduled Tribe community.
[Para 7) [132-E-F]
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SUPREME COURT REPORTS
[2017] 12 S.C.R.
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2.4 The evidence and materials on record do not show that
the appellant had committed rape on the victim on the ground
that she belonged to Scheduled Caste. Section 3(2)(v) of the SC/
ST Prevention of Atrocities Act can be pressed into service only
if it is proved that the rape has been committed on the ground
B that PW-3 beloExcerpt shown. Read the full judgment & AI analysis in Lexace.