LexKAILAS & OTHERS versus STATE OF MAHARASHTRA TR. TALUKA P.S.
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[2011] 1 S.C.R. 94 - A KAILAS & OTHERS V. STATE OF MAHARASHTRA TR. TALUKA P.S. (Criminal Appeal No. 11 of 2011) B JANUARY 05, 2011 [MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.] Penal Code, 1860 - ss. 459, 354, 323, 506 (2) rw s. 34 - ~ Conviction under - Young woman, belonging to Scheduled c Tribe beaten with fists and kicks, stripped naked and then paraded in naked condition on the road of the village by accused persons - Conviction ulss. 452, 354, 323, 506 (2) rw s. 34 and sentenced to RI for six months with imposition of fine; sentenced to RI for one year with a fine for the offence ;D punishable u/s. 354134 and three months RI with a fine for the offence punishable u/s. 323134 - Accused also convicted and sentenced uls. 3 of the SC/ST Act - High Court acquitting the accused for the offence u/s. 3 of the SC/ST Act, however, upholding conviction under the provisions of the /PC - As c: regards imposition of fine, each accused directed to pay fine .... of Rs. 50001- to the victim - On appeal held: There is no reason to disbelieve the statement of the victim though many witnesses turned hostile - Evidence of the victim corroborated by two prosecution witness - Medical certificate proved by y- F doctor - Order passed by the High Court convicting the accused under various provisions of the /PC and fine imposed upheld, though sentence was too light considering the gravity of the offence - Instant case deserves total condemnation and harsh punishment - Scheduled Castes G and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - s. 3. ._.. According to the prosecution, 'N' a young woman belonging to the Bhil tribe (Scheduled Tribe) in Maharashtra, had illicit relations with PW 9 who was from H 94 KAILAS & ORS. v. STATE OF MAHARASHTRA TR. 95 TALUKA P.S. a higher caste and had given birth to. his daughter and A .. was also pregnant through him for a second time. On the fateful day, the appellants-accused persons beat her with fists and kicks and stripped her naked after tearing her clothes, and then paraded her in naked condition on the road of a village while being beating and abusing her. B The Court of Sessions convicted the accused under + Sections 452, 354, 323, 506 (2) read with Section 34 IPC and sentenced them to RI for six months with imposition of fine. Rs.100/-; sentenced them to RI for one year with fine of Rs. 100/- for the offence punishable under c Sections 354/34 IPC; sentenced under Section 323/34 IPC to three months RI with a fine of Rs. 100/-. The appellants were also convicted and sentenced l!nder Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The High Court acquitted the D _.._ appellants of the offence under Section 3 of the SC/ST Act, but upheld the conviction under the provisions of the IPC. However, as regards imposition of fine, each of the appellant was directed to pay a fine of Rs. 5000/- only to the victim. Therefore, the appellants filed the instant E appeal. _, Dismissing the appeal, the Court HELD: 1.1 There is no reason to interfere with the judgment of the High Court convicting the appellants F under various provisions of the Penal Code and imposing fine on them. In fact, the sentence was too light considering the gravity of the offence. [Para 11] [100-F] i- 1.2 There is the evidence of the victim 'N' PW4 herself and there is no reason to disbelieve the same. Although G many of the witnesses have turned hostile, there is no reason to disbelieve the statement of PW 4. In fact, PW9 supported the prosecution case to some extent. He accepted his illicit relations with PW 4 and admitted that he had a daughter from her and she was pregnant for a H - 96 SUPREME COURT REPORTS [2011] 1 S.C.R. \ I A second time 'through him. Even though PW 9 did not _... support the actual incident, his evidence at least on t~ points admitted by him corroborates the evidence of P 4. [Para 12] [100-G-H; 107-A] B 1.3 PW 2 proved the spot. He stated that the panchanama was drawn in front of the house of PW 4. At the time of the panchanama, PW 4 was accompanied ~ by the police and she had shown the entire area from her house to the place in front of the shop of PW3. The police c seized the clothes in torn condition, produced by PW4. There were pieces of banglesJying in front of the house. Thus, there is no reason to disbelieve PW2. (Para 13] (101- B-C] 1.4 It appears th
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