The accused's conviction under the SC/ST Act was overturned due to insufficient evidence of his awareness of the victim's caste, asserting that such knowledge is essential for liability under Section 3(2)(v).

JUDGMENT :

H.P.SANDESH, J.

This appeal is filed against the judgment of conviction and sentence against the appellant-accused for the offences punishable under Sections 366 and 342 of the Indian Penal Code, 1860 (for short, 'IPC), under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC/ST Act') and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'). The maximum punishment imposed on the appellant is life imprisonment with fine of Rs.10,000/- for the offence punishable under Section 3(2)(v) of SC/ST Act.

2. The factual matrix of the case of the prosecution is that, the victim-PW1 is a minor as defined under Section 2(d) of POCSO Act and she was subjected to sexual act continuously from 13.09.2013 to 02.12.2013. It is also the case of the prosecution that the victim was subjected to sexual act on the false promise of the accused that he would marry her and as a result, she became pregnant. The specific complaint of the victim as per Ex.P1 is that the accused took her to his residence, wrongfully confined her in his house and subjected her continuously for sexual act against her will and thus, she became pregnant. Later, the accused turned hostile to his promise and hence, the victim lodged a complaint before the Police. The Police investigated the matter and filed the charge- sheet against the accused. Now, the accused is in custody in view of conviction and sentence.

3. The trial Court secured the presence of the accused, he did not plead guilty and claimed to be tried. The prosecution examined PWs.1 to 17 including the victim, Doctor, and other witnesses and also considered the documents as per Exs.P1 to P18. The trial Court having considered both oral and documentary evidence, particularly, the evidence of PW3, a witness to Ex.P3-spot mahazar, Ex.P5-Caste Certificate of the victim issued by the Tahsildar, Ex.P14-medical report of the victim, which clearly discloses that the victim was pregnant of 13 weeks and also relying on Ex.P16-medical report of the accused that the accused is capable of having sexual intercourse, convicted the accused for the aforesaid offences.

4. Being aggrieved by the judgment of conviction and sentence, the present appeal is filed by the accused before this Court.

5. Sri N.S. Sampangi Ramaiah, learned Amicus Curiae appearing for the appellant-accused, would vehemently contend that the trial Court erred in considering the fact that the victim and the accused are known to each other, the victim forced the accused to marry her and when the accused disagreed to marry her, she came to the house of the accused and settled there. The accused was shocked and informed the same to the parents of the victim, but the parents of the victim did not come to his house for taking the victim back to their house. He further contended that the accused was not aware that the victim belonged to the Scheduled Caste and when the accused is not aware of the said fact, the question of invoking Section 3(2)(v) of SC/ST Act against the accused does not arise at all. Further, PW1 in her evidence has clearly stated that the accused did not know her caste, but he knew that she was a Tamilian. Therefore, the trial Court wrongly convicted the accused for the offence punishable under Section 3(2)(v) of SC/ST Act. He further contended that the accused was sentenced to undergo rigorous imprisonment for a period of ten years for the offence punishable under Section 6 of POCSO Act. Since the accused has already undergone the sentence for a period of nearly twelve years, the Court may show lenience and prays to set him at liberty.

6. Per contra, Smt. Rashmi