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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HON’BLE MR. JUSTICE R. SAKTHIVEL, J.
K. Karnan – Appellant
Versus
The State of Tamil Nadu – Respondent
Crl. Appeal No. 823 of 2016
Decided On : 28-02-2024
CRIMINAL LAW - CONVICTION UNDER IPC AND SC/ST (POA) ACT - Sections 147, 148, 324, 326 of IPC; Section 3(1)(x) of SC/ST (POA) Act - The court analyzed the provisions of the IPC and the SC/ST (POA) Act, emphasizing the necessity of proving grievous injury for certain charges. It highlighted the importance of independent witnesses and adherence to procedural rules in investigations under the SC/ST (POA) Act. The court concluded that the prosecution failed to establish charges under the SC/ST (POA) Act and certain IPC sections, leading to a partial acquittal of the accused while upholding a conviction under Section 324 of IPC for simple injuries caused.
Fact of the Case:
The appellants, belonging to a Most Backward Community, were accused of assaulting two individuals from a Scheduled Caste after a verbal altercation near a banana grove. The prosecution claimed that the accused used weapons and verbally abused the victims by referencing their caste. The trial court convicted the appellants under various sections of the IPC and the SC/ST (POA) Act, leading to this appeal.
Finding of the Court:
The court found that while the prosecution established that the accused assaulted the victims, it failed to prove the charges of grievous injury and the specific intent required under the SC/ST (POA) Act. The court noted procedural lapses in the investigation and the lack of independent witnesses, leading to a reassessment of the charges.
Issues: 1. Whether the charges under Sections 147, 148, and 326 of IPC were proven against A1 and A2? 2. Whether the charges under Sections 147, 148, and 324 of IPC were proven against A3? 3. Whether the charges under Sections 147 and 148 of IPC were proven against A4 and A5? 4. Whether the charge under Section 3(1)(x) of SC/ST (POA) Act was proven against the accused? 5. Is there any reason to interfere with the Trial Court's judgment?
Ratio Decidendi: The court emphasized that for a conviction under Section 3(1)(x) of the SC/ST (POA) Act, there must be clear evidence of intentional insult or intimidation in public view, which was not established. It also highlighted the necessity of independent witnesses and adherence to procedural rules in investigations under the SC/ST (POA) Act. The court concluded that the prosecution failed to prove the charges of grievous injury and other related offences, leading to a partial acquittal.
Final Decision: The appeal was partly allowed. A1, A2, and A3 were found guilty under Section 324 of IPC and sentenced to four months of simple imprisonment with a fine. All other charges against A1 to A5 were not proven, resulting in their acquittal from those charges.
JUDGMENT :
R. SAKTHIVEL, J.
Prayer: Criminal Appeal filed under Section 374 of the Code of Criminal Procedure, 1973, praying to call for the records relating to the proceedings in Special Sessions Case No. 196 of 2015 on the file of the learned Sessions Judge, Special Court for Exclusive Trial of Cases Registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Villupuram and set aside the order of conviction dated December 9th, 2016 and set the appellants at liberty.
1. This Criminal Appeal is preferred by the appellants assailing the 'judgment dated December 9th, 2016, in Special Sessions Case No. 196 of 2015' (henceforth 'impugned judgment' for the sake of brevity) passed by the 'learned Sessions Judge, Special Court for Exclusive Trial of Cases Registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Villupuram' (henceforth 'Trial Court' for the sake of brevity) in which, they were convicted and sentenced as follows:
| Appellant's Rank | Provision under which convicted | Sentence |
| A1 | 147 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.1,000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS |
| 148 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.1,000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS | |
| 335 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.1,000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS | |
| 3(1)(x) of SC/ST (POA) Act read with Section 149 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.2,000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS | |
| A2 | 147 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.1000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS |
| 148 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.1,000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS | |
| 324 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.1,000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS | |
| 3(1)(x) of SC/ST (POA) Act read with Section 149 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.2,000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS | |
| A3 | 147 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.1000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS |
| 148 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.1,000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS | |
| 324 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.1,000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS | |
| 3(1)(x) of SC/ST (POA) Act read with Section 149 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.2,000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS | |
| A4 | 147 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.1000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS |
| 148 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.1,000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS | |
| 3(1)(x) of SC/ST (POA) Act read with Section 149 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.2,000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS | |
| A5 | 147 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.1000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS |
| 148 of IPC | Simple Imprisonment for ONE YEAR with a fine of Rs.1,000/-, in default thereof, to undergo Simple Imprisonment for THREE MONTHS | |
| 3(1)(x) of SC/S | ||
The prosecution must prove each element of the offence beyond a reasonable doubt, including the nature of injuries and adherence to procedural requirements in cases under the SC/ST (POA) Act.
The intention to commit an offense under Section 307 IPC can be inferred from the circumstances, and the presumption under Section 8 of the SC/ST (PoA) Act could be drawn due to the victim's caste id....
The main legal point established in the judgment is the requirement for the prosecution to prove the accused's guilt beyond reasonable doubt, including the reliability of witness testimonies and adhe....
The importance of prompt lodging of FIR in criminal cases and the need for evidence to establish the presence of the public at the time of the offense to satisfy the criteria of 'public view' under S....
The main legal point established in the judgment is that the prosecution must prove the intention to outrage the modesty of a victim to sustain a charge under Section 3(1)(xi) of S.Cs & S.Ts (POA) Ac....
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