IN THE HIGH COURT OF KARNATAKA
Shivashankar Amarannavar, J.
Siddappa – Appellant
Versus
State of Karnataka – Respondent
Criminal Appeal No. 100175 of 2016
Decided On : 22-11-2022
ABUSE - Conviction under Indian Penal Code and Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Ss. 143, 147, 148, 323, 324, 354, 451, 504, 506, 511 read with Sec. 149 of IPC and Sec. 3(1)(x) and (xi) of SC and ST Act
Fact of the Case:
The appellants were convicted for various offences under the Indian Penal Code and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 based on the complaint filed by the wife of the victim, alleging abuse and assault by the accused, who belonged to a different caste and political party.
Finding of the Court:
The court found material contradictions in the testimonies of the prosecution witnesses, lack of corroboration by independent witnesses, and political motivation behind the complaint. The court concluded that the evidence was not trustworthy and acquitted the appellants of all charges.
Issues: Reliability of prosecution evidence, presence of material contradictions, and political motivation behind the complaint.
Ratio Decidendi: The court emphasized the need for trustworthy and corroborated evidence, especially in cases where the prosecution relies solely on related witnesses. It also highlighted the importance of evaluating the motive behind the complaint and the presence of material contradictions in the evidence.
Final Decision: The criminal appeal was allowed, the judgment of conviction and order on sentence were set aside, and the appellants were acquitted of all charges.
JUDGMENT/ORDER
1. This appeal is filed against the judgment of conviction and order on sentence dtd. 6/6/2016 passed in Spl.C. No.47/2013 by the learned II Additional District and Sessions Judge, Bagalkot, convicting the appellants/accused Nos.1 to 16 for the offences under Ss. 143, 147, 148, 323, 324, 354, 451, 504 and 506 read with Sec. 149 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Sec. 3(1)(x) and (xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC and ST Act', for brevity). The appellants/accused Nos.1 to 16 are sentenced to undergo imprisonment for three months and to pay fine of Rs.500.00 each for the offence punishable under Sec. 143 of IPC, to undergo six months and to pay fine of Rs.500.00 each for the offences punishable under Ss. 147, 148, 504 and 323 read with Sec. 149 of IPC and Sec. 3(1)(x) read with Sec. 149 of IPC and 3(1)(xi) of the SC & ST Act read with Sec. 149 of IPC. The appellants were also sentenced to undergo imprisonment for one year and to pay fine of Rs.500.00 each for the offences punishable under Ss. 324 read with Sec. 149 of IPC, Sec. 354 read with Sec. 149 of IPC, Sec. 451 read with Sec. 149 of IPC and Sec. 504 read with Sec. 149 of IPC. The trial Court has ordered to run all the sentences concurrently.
2. The factual matrix of the case is that, PW.1-Renuka, wife of Sri.Kambappa Chalawadi belongs to Hindu Holeyar caste and a resident of Bevur in Bagalkot taluk. When she along with her son-Vijaykumar(PW.4) were in the house, on 8/5/2013 at about 3:00pm, all the accused belonging to Kuruba community came to their house holding clubs, sticks, stones, abused her touching her caste and accused caught hold of her saree forcefully and accused No.1 forcefully snatched away her mangala-sutra. When her son-PW.4-Vijaykumar came questioning them as to why they are beating his mother, at that time, accused No.4- Mallappa bet her son with a club and also scolded him touching his caste and asked him where his father was and they will finish him. At that time, PW.2-Pundalikappa Basappa Chalawadi came to pacify the quarrel, accused No.6-Pandappa abused him touching his caste. Accused No.9-Yallappa Shirur assaulted him with stone. All the accused entered the house in which the complainant resides and abused her touching her caste threatening to kill her husband on the ground that they did not vote the candidate whom the accused had proposed in the Legislative Assembly Election. All the accused ransacked into the house of the complainant and at that time, accused No.10-Balappa assaulted the complainant over her chest by stone and accused No.6-Pandappa Shirur assaulted her over her chest with club and caused internal injury to her. Accused No.3- Sanganagouda assaulted on the hand of her relative- Rudravva-PW.3 with a spade which he was holding and accused No.13-Gyanappa tore the shirt of PW.4- Vijaykumar and abused touching his caste. In order to set ablaze the complainant, accused No.4- Mallappa was holding kerosene can. The said complaint-ExP.1 is registered by Bagalkot Rural Police Station Crime No.111/2013 against all the 16 accused persons for the offences punishable under Ss. 143, 147, 148, 323, 324, 354, 442, 452, 504, 506 and 511 read with Sec. 149 of IPC and Sec. 3(1)(x) and (xi) of ST and ST Act. The Investigating Officer after completing the investigation filed charge sheet. Charges were framed against the appellants/accused Nos.1 to 16 for the offences referred to above and they denied the charges leveled against them. The prosecution examined 12 witnesses as PWs.1 to 12 and got marked Exs.P.1 to P.10 and material objects were marked as M.Os.1 to 5. The statement of the accused under Sec. 313 of Cr.P.C. was recorded. After hearing the arguments on both sides, the trial Court framed the points for consideration and convicted the appellants for the offences charged against them. The said judgment of
The central legal point established in the judgment is the requirement for trustworthy and corroborated evidence, the evaluation of motive behind the complaint, and the significance of material contr....
Convictions under SC & ST (POA) Act must be supported by compelling and consistent evidence of caste-based abuse in public.
Convictions must rely on cogent, corroborative evidence; failure to provide such leads to acquittal.
Insufficient evidence and reliance on interested testimonies led to the appeal allowing the acquittal of the appellant.
The prosecution must prove caste status with reliable documentation for the SC & ST Act to apply, and abuses must occur in public view to constitute an offense.
The main legal point established in the judgment is the requirement for consistency and credibility in evidence, as well as the principle that 'no man is guilty until proven so.' The judgment emphasi....
The absence of corroborative evidence renders the sole testimony insufficient for conviction under criminal law.
The court confirmed the conviction under the SC/ST Act for caste-based assault, emphasizing the weight of corroborative evidence from the injured parties and proper explanation for the delay in filin....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.