IMPORTANT POINT
The court held that a conviction under the SC/ST Act requires substantive evidence of the accused's knowledge of the victim's caste, rejecting mere presumption based on familiarity.

JUDGMENT :

Sanjay K. Agrawal, J

(1) In this criminal appeal, the accused-appellant is invoking criminal appellate jurisdiction of this Court enshrined under Section 374(2) of CrPC by calling in question legality, validity and correctness of impugned judgment of conviction and order of sentence dated 25.09.2018, passed in Special Criminal Case No.05 of 2017 (State of Chhattisgarh v. Pawan Kumar Yadav), by the Special Judge, constituted under the provision of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for brevity the “Act of 1989”), Korba (CG), whereby he has been convicted and sentenced as under:

[Both the sentences are directed to run concurrently]

(2) The case of the prosecution, in short, is that on 05.02.2017, in the evening at about 07:00 PM, at Parsabhatha, which comes within the ambit of Police Station Balco, Korba (CG), beneath Kajihouse, in a lane (gali), the accused-appellant committed penetrative sexual assault with minor victim (PW-01), aged about 16 years, against her will and consent knowing fully well that she belongs to Scheduled Caste community and, thereby, said to have committed offences under Section 376(2) of IPC; under Section 04 of the Protection of Children from Sexual Offences Act, 2012 (for brevity the “POCSO Act”) and also under Section 3(2)(v) of the Act of 1989.

(3) Further case of the prosecution is that when victim (PW-01) reported the matter to the police by filing written complaint (Ex.P/01), firstly unnumber FIR (Ex.P/02) was registered against the appellant and wheels of investigation started running, in which, spot map was prepared vide Ex.P/05. Numbered FIR (Ex.P/15) was also registered. After obtaining necessary consent for the purpose of medical examination of the victim (PW-01) vide Ex.P/03, she was subjected to medical examination, which was conducted by Dr. K.B. Sonkar (PW-06). According to her MLC report (Ex.P/11), evidence of forceful penetrative intercourse/sexual assault are present and redness and congestion were also visible on her private part. Further, victim’s vaginal slides were prepared and handed over to the police for analysis alongwith her undergarment, which were seized vide Ex.P/12. The accused-appellant was arrested vide Ex.P/16 and sent for medical examination. Appellant’s MLC report is Ex.P/13 and his undergarment was also seized vide Ex.P/19. The aforesaid seized articles were sent for chemical examination vide Ex.P/20 and, according to FSL report (Ex.P/21), it has been mentioned that stains of human sperm/semen were found on the vaginal slide of the victim as also in her undergarment.

(4) Thereafter, in order to ascertain the correct age of the victim (PW-01), her birth certificate (Ex.P/08C) and birth register (Ex.P/14C) were obtained/seized vide Ex.P/06, wherein her date of birth has been recorded as 27.09.2002, meaning thereby, on the date of offence (i.e. 05.02.2017) the victim was minor aged about 14 years 05 months (less than 16 years). Moreover, in order to verify caste of the victim, her caste certificate (Ex.P/10C) issued by the Government of Chhattisgarh was also seized vide Ex.P/09, wherein it has been mentioned that the victim (PW-01) belongs to Schedule Caste category. After the statement of witnesses were recorded and investigation is completed, the appellant was charge-sheeted for the aforesaid offences in the competent criminal Court having jurisdiction, which was thereafter committed to the Court of Sessions for he