Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 228

SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, M.R. SHAH, JJ.
Patan Jamal Vali – Appellant
Versus
The State of Andhra Pradesh – Respondent
Criminal Appeal No. 452 of 2021, SLP (Crl) No. 1795 of 2021
Decided On : 27-04-2021

Advocates appeared:
For the Appellant(s) :Harinder Mohan Singh, Shabana, Advocates
For the Respondent(s):Mahfooz Ahsan Nazki, Polanki Gowtham, Shaik Mohamad Haneef, T. Vijaya Bhaskar Reddy, Amitabh Sinha, Shrey Sharma, Advocates

IMPORTANT POINTS:
• Testimony of a prosecutrix with a disability, or of a disabled witness for that matter, cannot be considered weak or inferior, only because such an individual interacts with the world in a different manner, vis-a-vis their able-bodied counterparts - As long as the testimony of such a witness otherwise meets the criteria for inspiring judicial confidence, it is entitled to full legal weight• No leniency can be shown towards accused in crimes against women suffering from physical disabilities.

Headnote:
(A) Indian Penal Code, 1860 – Section 376(1) – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 – Section 3(2)(v) – Criminal Law Amendment Act 2013 – Rape of visually disabled woman - Conviction – Imprisonment for life with fine – Determination of the quantum of punishment – Factors to be considered – Sexual violence against women and girls with disabilities – Unique reasons that make women more vulnerable to being at the receiving end of sexual violence – Accessing of criminal justice system generally and the judicial system in particular – Measures that can be taken to lower the barriers faced by them and judicial approach which should be adopted for assessing their testimony – “socio-economic status, religion, race caste or creed of the accused or the victim are irrelevant considerations in sentencing policy – A heinous offence has been committed on a woman belonging to Scheduled Caste –Appellant had taken advantage of position of victim who was blind since birth— Hence imposition of a sentence of imprisonment for life cannot be faulted – (Paras 71 and 72)
(B) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 – S.3(2)(v) – Rape of girl belonging to Schedule caste – Ingredients of the offence under S.3(2)(v) – Expression “words “on the ground of” – Words “on the ground of” under S. 3(2) (v) have been substituted with “knowing that such person is a member of a Scheduled Caste or Scheduled Tribe – Whether the offence was committed against a person on the ground that such person is a member of a SC or ST or such property belongs to such member is to be established by the prosecution on the basis of the evidence at the trial—Current regime under SC & ST Act, post amendment, has facilitated conduct of an intersectional analysis under the Act by replacing causation requirement under Section 3(2)(v) of Act with a knowledge requirement making the regime sensitive to the kind of evidence that is likely to be generated in cases such as these. (Paras 58, 59 and 60)
Facts of the Case:
PW-1 was attending to her household chores at a public tap which was within a distance of fifty feet and her sons were cutting fire wood in the vicinity – Appellant is alleged to have enquired about her sons when PW-1 replied that her spouse and sons were chopping fire wood and asked him to wait for a while - After half an hour, on hearing the voice of her daughter (PW-2) in distress, she rushed to the house and found that the door was locked from inside. Upon raising an alarm her husband and sons rushed to the house – Appellant opened the door and tried to escape but was apprehended at the spot - Upon entering house, PW-1 observed that PW-2 was lying on the ground in a nude condition and was bleeding from her genitals - Clothes of PW-2 were torn and stained with blood - Upon enquiry, PW-2 is alleged to have stated that the appellant came to the house and enquired about her brothers; he locked the door and fell on her, gagged and raped her.
Charges were framed against appellant under Section 376(1) of the Penal Code and Section 3(2)(v) of the SC & ST Act. To substantiate its case, the prosecution examined eleven witnesses Session court convicted the Appellant.
High Court by its judgment affirmed the conviction and sentence imposed by the Sessions Court. The High Court has held that the testimonies of PW-1, the mother of PW-2 and of PW-2 were consistent and duly corroborated by PW-3, the brother of PW-2 and by PW-4 and PW-5. The High Court adverted to the medical evidence and, in particular, the deposition of PW-10. The prosecution was held to have established its case beyond reasonable doubt.
Finding of the Court:
Since Section 3(2) (v) was amended and Clause (c) of Section 8 was inserted by Act 1 of 2016 with effect from 26 January 2016 these amendments would not be applicable to the case at hand - Offence in the present case has taken place before the amendment, on 31 March 2011. Therefore, Court hold that the evidence in the present case does not establish that the offence in the present case was committed on the ground that such person is a member of a SC or ST. The conviction under Section 3(2)(v) would consequently have to be set aside - Ingredients of the offence under Section 3(2)(v) of the SC and ST Act were not established. The issue which survives for consideration is as to whether the punishment of imprisonment for life in respect of the offence under Section 376(1) should have been imposed PW-2, who was subjected to a sexual assault was blind since birth - Taking advantage of the absence of the members of the family from the family home, the appellant entered the house and subjected PW-2 to a sexual assault. PW-1 has deposed that when she entered the house together with PW-3, PW-4 and PW-5 she found PW-2 in a nude condition on the ground bleeding from the injuries sustained on her genitals. The nature and circumstances in which the offence has been committed would leave no manner of doubt that the appellant had taken advantage of the position of the PW-2 who was blind since birth.
Fact that PW-2 belonged to a Scheduled Caste is not a factor which is extraneous to the sentencing process for an offence under Section 376
Result: Appeal disposed of. Conviction under S. 3(2)(v) of the SC and ST Act set aside – Conviction U/s. 376 IPC upheld.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

Testimony of a witness with a disability, such as visual impairment, cannot be considered weak or inferior solely due to their interaction with the world differently. As long as their testimony meets the criteria for judicial confidence, it is entitled to full legal weight (!) .
No leniency should be shown towards an accused in crimes against women with disabilities. The nature of the offence and the vulnerability of the victim are critical factors in sentencing (!) (!) .
The intersectionality of identity—such as caste, disability, gender, and socio-economic status—plays a significant role in understanding the context of violence and discrimination faced by marginalized women. Recognizing how multiple identities overlap helps in addressing the specific vulnerabilities and ensuring a holistic judicial approach (!) (!) (!) .
The testimony of victims with disabilities, including those who are blind since birth, should be evaluated with sensitivity and fairness. Their mode of identification (e.g., by voice) is valid and should be given equal weight, provided it meets judicial confidence criteria (!) (!) .
The legal framework recognizes the unique vulnerabilities faced by women from marginalized communities, especially those with disabilities or belonging to Scheduled Castes or Tribes. These vulnerabilities are compounded by societal discrimination, poverty, and patriarchy, which must be considered in judicial proceedings and sentencing (!) (!) .
Amendments to relevant laws have aimed to lower barriers for victims with disabilities, including provisions for accessible reporting, evidence collection, and participation in judicial processes. These reforms emphasize sensitivity, support, and appropriate accommodations (!) (!) (!) (!) (!) .
The interpretation of statutory provisions related to offences against marginalized groups should adopt an intersectional perspective. It is important to consider that offences may be committed due to the interplay of multiple identities, and the law's protective scope should reflect this understanding (!) (!) .
The legal system must avoid overly narrow interpretations that require proof of offences being committed solely "on the ground" of a particular identity, as this can overlook the complex realities of social oppression. A broader, more inclusive understanding of causation and motivation is necessary (!) (!) .
In cases where the evidence does not explicitly establish that the offence was committed solely because of the victim's caste or disability, the conviction under specific laws designed to protect marginalized groups may need to be reconsidered. However, the core offence of sexual assault under the general criminal law remains valid and can be upheld (!) (!) .
Sentencing considerations should take into account the nature and gravity of the offence, the circumstances of the offence, the victim's position, and societal factors, including the victim's marginalized status. The societal disadvantages faced by victims, especially those with intersecting identities, are relevant in determining appropriate punishment (!) (!) .
The overall approach emphasizes the importance of sensitivity, support, and a nuanced understanding of social identities and systemic disadvantages in both the evaluation of evidence and the determination of sentences. This ensures justice that recognizes the complex realities of victims from marginalized communities (!) (!) .

Please let me know if you need further analysis or specific legal advice based on these key points.

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

(A) Factual Background

1. Leave granted.

2. This appeal arises from a judgment of a Division Bench of the High Court of Andhra Pradesh dated 3 August 2019. The High Court has affirmed the conviction of the appellant for offences punishable under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989¹ [“SC & ST Act”] and Section 376(1) of the Indian Penal Code.

3. The appellant has been sentenced to suffer imprisonment for life for each of the above offences, the substantive sentences being directed to run concurrently. In addition, the appellant has been sentenced to pay a fine of Rs. 1,000 for each of the offences and in default to suffer imprisonment of six months.

4. The appellant was residing in Gajulapalli village and was engaged in carrying out manual work for two years prior to the incident. PW-2 who is blind since birth used to live with her mother (PW-1) and brother (PW-3). PW-3 and LW-5 are the sons of PW-1. They were also engaged in manual work together with the appellant, at the same place. The appellant, according to the prosecution, lived in the same village and regularly visited the house of PW-1 due to his acquaintance with her sons.

5. At about 9 a.m. on 31 March 2011, PW-1 was attending to her household chores at a public tap which was within a distance of fifty feet and her sons were cutting fire wood in the vicinity. The appellant is alleged to have enquired about her sons when PW-1 replied that her spouse and sons were chopping fire wood and asked him to wait for a while. After half an hour, on hearing the voice of her daughter (PW-2) in distress, she rushed to the house and found that the door was locked from inside. Upon raising an alarm her husband and sons rushed to the house. The appellant opened the door and tried to escape but was apprehended at the spot. Upon entering the house, PW-1 observed that PW-2 was lying on the ground in a nude condition and was bleeding from her genitals. The clothes of PW-2 were torn and stained with blood. Upon enquiry, PW-2 is alleged to have stated that the appellant came to the house and enquired about her brothers; he locked the door and fell on her, gagged and raped her.

6. The case of the prosecution is that at 10 am, the Sub-Inspector of Police (PW-9), Mahanandi Police Station, who received a call from PW-4, a cousin of PW-1, rushed to the scene of the occurrence. By that time, the Circle Inspector of Police, Nandyal Rural Police Station had also arrived and the villagers handed over the appellant to him. PW-1 furnished a written report to the police which was registered as Crime No. 28/2011. PW-11 sent the victim to the Government Hospital where she was examined by PW-10, the Civil Surgeon at the District Hospital. The medical examination revealed that PW-2 was blind. The medical report of the examination of PW-2 has been extracted in the judgment of the Sessions Judge and the High Court and reads as follows:

“(1) Contusion of 1 x 1 cm on left cheek, red in colour, (2) Pubic Hair develop, breast develop (3) Axillary Hair developed. On examination of vagina is lacerated at 4-00 O' clock position, bleeding present. 3 swabs and slides taken from Hymeneal Orifice Vaginal canal and near cervix, vaginal wall sutured with 10 Chromicatgut, hair and nail clippings taken and she i1ssued the wound certificate under Ex.P.6 and gave her final opinion under Ex.P.8 after receiving the report from A.P.F.S.L. and she opined that the evidence is suggestive of penetration of male genital parts.”

7. Charges were framed against the appellant under Section 376(1) of the Penal Code and Section 3(2)(v) of the SC & ST Act. To substantiate its case, the prosecution examined eleven witnesses, PWs. 1 to 11 in addition to which, it relied on exhibits P1 to P12 and MOs 1 to 8. On the closure of the evidence, the appellant was examined under Section 313 of the Code of Criminal Procedure, 1973. By a judgment dated 19 F