IMPORTANT POINT
The element of intention was inherent therein. But, for an offence under Section 3(2)(v) as it now stands to be attracted, the person who is not a member of a SC/ST must commit an offence under IPC liable to be sentenced with punishment contemplated by the provision against a person who belongs to SC/ST or his property with the knowledge that he is a member of such caste or community-The legislature in its wisdom has substituted the original words in the provisions to make it clear that knowledge of the person allegedly committing the offence that the victim of the offence belongs to SC/ST alone is sufficient at present to attract the offence.

ORDER :

The petition on hand is filed by the sole accused in S.C No.663/2017 pending on the files of Court of Sessions, Alappuzha that arose from Crime No.148/2017 of Harippad Police Station, Alappuzha District. The offences allegedly involved are punishable under Section 302 of Indian Penal Code (for short, 'the I.P.C') and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SC/ST (PA) Act').

2. The prayer in the application is to delete Section 3(2)(v) of SC/ST (PA) Act from Annexure-A1 Final Report/Charge sheet, based on which Court of Sessions, Alappuzha has registered S.C No.663/2017 on its file. The allegation of the prosecution was that at 5.30 pm on 24.01.2017 due to previous animosity against one Mr. Ullas, aged 28 years and with intention to do him away, the petitioner inflicted stab injuries on his chest, hands, legs, abdomen and other parts of his body using a knife, infront of Saji Bhavan situated in Karuvatta Thekku Muri, Kumarapuram Village, intentionally and knowingly that by such acts, death of that person would be resulted. Consequently, the victim succumbed to injuries on 31.01.2017 at 5.25 pm. For the reason that the person murdered is a member of Scheduled Castes/ Scheduled Tribes, FIR was registered incorporating the offence under Section 3(2)(v) SC/ST (PA) Act. Investigation was commenced based on the allegations in the FIR and culminated in the filing of a final report, chargesheeting the petitioner for the offence punishable under Section 302 I.P.C and Section 3(2)(v) SC/ST (PA) Act. From the aforesaid chargesheet that the offence under Section 3(2)(v) SC/ST (PA) Act is now sought to be deleted.

3. The argument of Sri.I.R Prem Navaz, the learned counsel for the petitioner was that the ingredients of the offence under Section 3(2)(v) SC/ST (PA) Act are not attracted from the allegations made by the prosecution in Annexure-A1. It is contended by the learned counsel, to constitute an offence punishable under Section 3(2)(v) SC/ST (PA) Act, though the word used therein is 'knowingly', it is inherent that the alleged act must have been committed against the victim for the reason that the victim is a member of SC/ST. According to him, an allegation that the act was done to the victim for the reason of being a member of SC/ST must be there to attract the offence. The learned counsel has also invited the attention of this Court to clause (i) of Section 3(1)(w) to submit that the word 'intentionally' is incorporated therein and therefore, Section 3(2)(v) SC/ST (PA) Act, must also be read as if the word 'intentionally' is there.

4. The learned Public Prosecutor has filed a statement in the Crl.M.C. It is submitted by the learned Public Prosecutor that the allegations contained in Annexure-A1 final report against the petitioner are sufficient to attract the offence alleged against him under Section 3(2)(v) SC/ST (PA) Act. According to him, Section 3(2)(v) SC/ST (PA) Act is clear and unambiguous and therefore knowledge or awareness of the alleged culprit that the victim is a member of the Scheduled Caste or Scheduled Tribe itself is sufficient to constitute that offence. According to the learned Public Prosecutor, absolutely no basis is there for the argument advanced by the learned counsel for the petitioner that for an offence to be attracted, an allegation that the act was committed against the victim intentionally for the reason of himself being a member of SC/ST.

5. For having an idea about the allegations levelled by the prosecution against the petitioner, the relevant part of Annexure-A1 is extracted hereunder:

xxx xxx xxx

6. Based on the allegations contained in Annexure-A1, Annexure-A2 was framed by Court of Sessions, Alappuzha. The relevant part of Annexure-A2, framing charges against the petitioner for the offence under Section 3(2)(v) of SC/ST (PA) Act is extracted hereunder:

“(b) Secondly, on 24/1/2017 at about 5.30 p.m., you, a member of forw