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DIPANKAR DATTA, AUGUSTINE GEORGE MASIH
Dadu @ Ankush – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT :
Dipankar Datta, J.
1. This appeal, by special leave, is at the instance of the two appellants, Dadu @ Ankush (A-1) and Ankit (A-2). It is directed against the judgment and order dated 18th January, 2024 of a learned Judge of the High Court of Madhya Pradesh at Jabalpur of dismissal of an appeal1[Crl. Appeal No. 7239 of 2019] under Section 374(2), Code of Criminal Procedure, 1973 preferred by the appellants.
2. Appellants stood trial in a case2[Special Case No. 200010 of 2016] registered on the basis of a complaint lodged by the respondent no. 23[victim] before the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 19894[SC/ST Act]. The Special Court convicted A-1 under Section 323, Indian Penal Code, 18605[IPC] and sentenced him to rigorous imprisonment for 3 months together with fine of Rs.1000/- with default term. A-2 was convicted under Sections 354 and 323, IPC as well as Section 3(1)(xi) of the SC/ST Act. For the offences under Section 354, and Section 3(1)(xi) of the SC/ST Act, A-2 was sentenced to a year’s rigorous imprisonment each together with fine of Rs.1000/-. For the offence under Section 323, IPC, he was sentenced to rigorous
Attempt to outrage modesty and hurt – Evidence of a hostile witness would not be totally rejected if spoken in favour of either prosecution or accused – It would rather have to be subjected to closer....
The conviction of the appellants for assault was upheld, while they were acquitted of charges under the SC & ST Act due to lack of proof of the victim's caste.
![Uppara Venkatesulu, S/o. Mulinti Anjinappa, Magecheruvu[V], Anantapur VS State Of A. P. , Rep. By P. P. - 2023 Supreme(AP) 1509](https://supremetoday-s3.b-cdn.net/Andhra_Pradesh_2.png)
Prosecution must prove charges under the SCs & STs Act beyond reasonable doubt; unexplained delay in lodging FIR can undermine case credibility.
The prosecution must prove each element of the offence beyond a reasonable doubt, including the nature of injuries and adherence to procedural requirements in cases under the SC/ST (POA) Act.
For convictions under SC/ST Act, incidents must occur in public view; however, discrepancies in witness accounts do not negate credible evidence of assault leading to murder.
Court emphasized the need for consistent witness testimonies to sustain convictions under SC/ST Act and recognized the importance of specific attribution of actions to the accused in assault cases.
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