Back
SANJAY K. AGRAWAL, SACHIN SINGH RAJPUT
Suresh Ram Vishvakarma – Appellant
Versus
State of Chhattisgarh through Police Station Tapkara – Respondent
JUDGMENT ON BOARD
Sanjay K. Agrawal, J.—This criminal appeal under Section 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dated 06/02/2014 passed by learned Special Judge, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Jashpur in Special Case No. 33/2013 whereby he has been convicted for offences punishable under Section 376(2)(i) of IPC (omitted by Amendment Act 22 of 2018 w.e.f. 21/04/2018), Section 6 read with Section 5(i/k/m) of Protection of Children from Sexual Offences Act, 2012 (in short, ‘Act of 2012’), and Section 3(i)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, ‘Act of 1989’) and sentenced to undergo R.I. for 14 years with fine of Rs. 50000/- in default of payment of fine additional R.I. for 2 years and R.I. for 5 years with fine of Rs. 5000/- in default of payment of fine additional R.I. for 1 year, respectively, directing both the sentences to run concurrently.
2. Case of the prosecution, in brief, is that on 22/04/2013 at about 3 PM at Village Ghumra, Bhursapara within the ambit of Tapkara Police Station, the appellant herein committed sex
Rape of minor girl – Merely because victim was a member of scheduled tribe community, it cannot be assumed that appellant was able to dominate her will to exploit her sexually.
As per Section 3(1)(xii) of said Act, it must be proved that accused was in a position to dominate will of a woman belonging to a Scheduled Caste or Scheduled Tribe Community and uses that position t....
The court held that evidence must establish exploitation and dominance to uphold convictions under the S.C. & S.T. Act; mere consent and intimacy do not satisfy this requirement.
The main legal point established is the requirement of clear evidence to prove the commission of offences and the careful consideration of legal provisions and precedents in reaching a decision.
For conviction under the SC/ST Act, prosecution must prove both caste identity and an intent to harm due to that identity; lack of such proof invalidates the charge.
(1) For maintaining conviction under Section 376 I.P.C., medical evidence has to be in conformity with oral testimony.(2) Remission/ commutation of sentence under Sections 433 and 434 of Cr.P.C. is i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
