Back
SANJAY K. AGRAWAL, AMITENDRA KISHORE PRASAD
Pawan Kumar Yadav, Son of Shri Brij Lal Yadav – Appellant
Versus
State of Chhattisgarh – Respondent
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:
| Conviction | Sentence |
| U/s. 376(2) of IPC r/w S.04 of POCSO Act, 2012 [However, in light of Section 42 of POCSO Act, punished only under Section 376(2) of IPC] | Rigorous imprisonment for 10 years with fine of Rs.1,000/- and, in default of payment of fine, additional rigorous imprisonment for 05 months. |
| U/s. 3(2)(v) of the Act of 1989 | Imprisonment for life with fine of Rs.5,000/- and, in default of payment of fine, additional rigorous imprisonment for 06 months. |
[Both the sentences are directed to run concurren
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.
The testimony of a victim of sexual assault is credible and can support conviction without corroboration, but the prosecution must prove the accused's knowledge of the victim's caste for SC/ST Act ch....
(1) Gang rape – In a case of gang rape under Section 376(2)(g) of IPC, an act by one is enough to render all in the gang for punishment as long as they have acted in furtherance of common intention –....
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.
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.
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 court emphasized that prosecution must prove guilt beyond a reasonable doubt, and inconsistencies in testimonies and lack of medical evidence prohibited sustaining the conviction.
The prosecution failed to establish credible evidence to support charges of stalking and harassment against the respondent, leading to the upheld acquittal.
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
