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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
K. Ramesh Patro – Appellant
Versus
State of Orissa – Respondent
JUDGMENT :
S.S. Mishra, J.
The present Criminal Appeal, filed by the appellant under Section 374 (2) of Cr.P.C. is directed against the judgment and order dated 20.08.2002 passed by the learned Second Additional Sessions Judge, Berhampur in S.C. No.35 of 2000 (S.C. No.228/2000-GDC), whereby the learned trial Court while acquitting the appellant for the offences under Sections 493 /417/506 of I.P.C., convicted him for the offence under Section 3(1)(xii) of the SC & ST (PoA) Act and on that count, he was sentenced to undergo R.I. for one year.
2. The present appeal has been pending since 2002. When the matter was called for hearing, consistently none appeared for the appellant. Therefore, this Court requested Ms. Shuvra Mohapatra, learned counsel, who was present in Court to assist the Court as Amicus Curiae. She has readily accepted the same and after obtaining entire record, assisted the Court very effectively. This Court records appreciation for the meaningful assistance rendered by Ms. Mohapatra, learned counsel.
3. Heard Ms. Shuvra Mohapatra, learned Amicus Curiae for the appellant and Mr. Jateswar Nayak, learned Additional Government Advocate for the State.
Non-compliance with statutory investigation requirements under Rule 7 of the SC & ST Act renders prosecution insufficient unless fundamental rights of the accused are violated.
Conviction under the SC/ST Act requires proof of the complainant's caste status, which was not provided, leading to the appeal's success.
Credible evidence of caste identity is essential to establish an offence under the SC & ST (PoA) Act; without it, prosecution fails.
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 court affirmed convictions for offenses related to obscene acts and outraging modesty while granting probation based on the absence of prior offenses and reformative principles underlining the Pr....
(1) Power under Section 482 of Cr.P.C. can be exercised even after filing of charge-sheet. (2) Sexual intercourse with married lady on false promise of marriage is not a case of misconception of fact....
The main legal point established in the judgment is the requirement of direct evidence to prove the awareness of the victim's caste for conviction under section 3(2) (v) of the Scheduled Caste/Schedu....
The evidence must establish the commission of the offence, and the Court cannot conduct a mini-trial while exercising jurisdiction under Section 482 of Cr.P.C.
Murder – Mere fact that deceased belonged to a Scheduled Tribe does not, ipso facto, attract provisions of Sections 3(2)(v) and 3(2)(vi) of SC/ST Act, 1989.
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