Prashant Kumar Mishra, J.

The core issues required to be considered in this criminal appeal are:-

(1) Whether a Kachcha hut could be treated as a building used for human dwelling or as a place for custody of property within the meaning of Section 436 IPC.

(2) Whether the offence would be attracted even in a case where the victim is not the owner of the land but the construction is made on encroached Government land.

(3) Whether offence under Section 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act, 1989') is made out when there is no evidence that such offence is committed on the ground that the victim belongs to a member of Scheduled Caste and Scheduled Tribe community.

2. The appellant has called in question his conviction and sentence under Section 436 IPC and Section 3 (2) (v) of the Act, 1989 and sentence of RI for 10 years with fine of Rs. 500/- and life imprisonment with fine of Rs.500/-, respectively.

3. Allegation against the appellant and acquitted co-accused Tijram is that at about 10 AM on 11.04.1999 they committed mischief by fire with intend to destroy the dwelling house (Kothar) of Kaushilya Bai (PW-