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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Kalu Khan S/o Mammu Khan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
FARJAND ALI, J.
1. The instant Criminal Appeal has been instituted by the appellants under Section 374 Cr.P.C. assailing the judgment dated 29.04.1995 rendered in Criminal Case No.71/1992 (4/1992) by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pratapgarh. By the said judgment, the appellants were acquitted of the offence under Section 323 IPC yet concurrently convicted and sentenced as under:
| Name of the accused | Offence for which convicted | Substantive sentence | Fine and default sentence |
| 1. Kalu Khan | Section 447 IPC | One month | -- |
| 2. Rustam Khan | Section 3 (2) (V) of the SC/ST Act | Six Months | Fine of Rs.100/- and in default in payment of fine to further undergo 15 days SI |
| 3. Whaid Khan |
2. The prosecution narrative, as unfurled through the FIR lodged by the complainant Smt. Radhi (PW-1), alleges that the appellants trespassed upon her land and assaulted her, thereby inflicting bodily injuries. Following the usual investigative process, the police opined that prima facie offences under Sections 447 , 323, and 34 IPC and Section 3(v) of the SC/ST (Prevention of Atrocities) Act, 1989 stood established. A charge- sheet was consequently filed, and the matter was committ
The court determined that the mens rea required under the SC/ST Act was not established due to lack of evidence proving caste-based intent in the alleged trespass, resulting in annulment of convictio....
To convict under Section 3(1)(x) of the SC/ST Act, the alleged insult must occur in a place 'within public view,' which was not established in this case.
The court affirmed the conviction but modified the sentence to time already served, emphasizing reformative justice based on the elapsed time and personal circumstances of the appellants.
Procedural violations in criminal investigations can lead to the reversal of convictions under special laws protecting marginalized communities.
Offence of outraging modesty should be committed with intention that victim belonged to Scheduled Caste category.
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.
House trespass and use of derogatory terms referring to caste – Conviction and sentence cannot be sustained there are gross inconsistencies insofar as complaint and oral evidence led by way of deposi....
A conviction under the SC/ST Act requires conclusive proof of intentional insult based on caste; mere verbal disputes over monetary issues do not fulfill this requirement.
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