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IN THE HIGH COURT OF ORISSA AT CUTTACK
Sibo Sankar Mishra
Sahadev Karmi – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. criminal appeal under section 374. (Para 2) |
| 2. assault incident leading to fir. (Para 3 , 4 , 5) |
| 3. witness testimonies and discrepancies. (Para 6 , 8 , 9) |
| 4. prosecution met the burden for ipc conviction but not for sc & st act. (Para 10) |
| 5. final ruling regarding conviction and sentence. (Para 11 , 12 , 15 , 16) |
JUDGMENT :
Sibo Sankar Mishra, J.
The present Criminal Appeal is directed against the Judgment of conviction and order of sentence dated 11.08.1995 passed by the learned Sessions Judge-cum-Special Judge, Balangir-Sonepur, Balangir in G.R. Case No.168 of 1993/T.R. No.2 of 1994, whereby the sole appellant was convicted for the offence punishable under Section 323 of the Indian Penal Code read with Section 3(x)(i) of the SC & ST (PoA) Act, 1989. On both the counts, the appellant was sentenced to undergo R.I. for a period of six months and to pay fine of Rs.200/- (Rupees two hundred), in default of payment of fine, to undergo R.I. for a further period of one month for the offence under Section 3(x)(i) of the SC & ST (PoA) Act and for the offence under Section 323 of the IPC, the appellant was sentenced to undergo R.I. for a period of one month.
2. Mr. D.P. Rath, le
The judgment confirms that a conviction can stand under IPC while acquitting charges under SC & ST (PoA) Act due to lack of sufficient evidence.
Intention to insult based on caste must be established for conviction under Section 3(1)(x) of the S.C. & S.T. (PoA) Act; the absence of such intent results in acquittal.
Prosecution must establish the accused is not a member of SC/ST to prove an offence under the SC/ST Act; absence of such evidence voids the conviction under the Act.
Court emphasized the need for consistent witness testimonies to sustain convictions under SC/ST Act and recognized the importance of specific attribution of actions to the accused in assault cases.
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....
The court held that reliance on inconsistent and insufficient witness testimonies, alongside lack of medical evidence for grievous injuries, invalidates the conviction, necessitating acquittal.
Intent to insult based on caste must be explicitly proven for SC & ST Act application; mere abusive language is insufficient.
Credible evidence of caste identity is essential to establish an offence under the SC & ST (PoA) Act; without it, prosecution fails.
The court found insufficient evidence to support the conviction under Section 3(1)(x) of the SC/ST Act, while affirming the conviction for assault under Section 323 IPC with a modified fine.
Knowledge of caste is essential to establish intent for offences under the SC/ST Act, impacting the prosecution's burden of proof.
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