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SANDEEP KUMAR
Ajay Kumar – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard the learned counsel for the appellants and learned Special P. P. for the State.
2. The present appeal has been preferred for setting aside the judgment and sentence dated 26.04.2019 passed by learned 11th A.D.J-cum- Spl. Judge (SC/ST) Act Muzaffarpur in Session Trial no. 378/2015 (G.R. No. 1853/2009) in Minapur P.S. Case No. 138/2009 by which the learned Special Judge has sentenced the appellants simple imprisonment for three months under Section 341 Indian Penal Code; simple imprisonment of one year under Section 323 of Indian Penal Code and further sentenced for two years simple imprisonment each under Section 504 of Indian Penal Code and Section 3(i) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the ‘SC/ST Act’). All the sentences were ordered to run concurrently.
3. The prosecution case in brief is that informant one Om Prakash Ram had submitted his written application before the S.H.O. (Panapur O.P) Minapur P.S. stating therein that he is an auto-rickshaw driver and runs auto-rikshaw from Bishunpur Pandey Naya Bazar to Kanti chowk on a daily basis. It is alleged that on 24.06.2009 one Ajay Kumar, appellan
Conviction under the SC/ST Act requires proof of the complainant's caste status, which was not provided, leading to the appeal's success.
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.
The importance of establishing essential ingredients of offences, the need for evidence beyond reasonable doubt, and the weighing of defence evidence in criminal cases.
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.
Credible evidence of caste identity is essential to establish an offence under the SC & ST (PoA) Act; without it, prosecution fails.
Caste status of the victim must be proven with reliable evidence, such as an official certificate, for a conviction under the Scheduled Castes Act, making mere oral testimony insufficient.
Prosecution must establish the accused is not a member of SC/ST to prove an offence under the SC/ST Act; absence of such evidence voids the conviction under the Act.
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