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ASHWANI KUMAR MISHRA, VINOD DIWAKAR
Puttu Lal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This appeal is by the accused Puttu Lal challenging his conviction and sentence vide order dated 27.01.2014, passed by the Additional Sessions Judge/Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Pilibhit in Sessions Trial No. 213 of 2012 arising out of Case Crime No. 111 of 2012, under Sections 376, 352 IPC and Section 3(2)(v) SC/ST Act, Police Station Neoriya, District Pilibhit; whereby he has been sentenced to life imprisonment alongwith fine of Rs. 10,000/- coupled with a default sentence of one year rigorous imprisonment under Section 376 IPC read with Section 3(2)(v) SC/ST Act and under Section 352 three months rigorous imprisonment alongwith fine of Rs. 500/- coupled with a default sentence of fifteen days.
2. Prosecution case in brief is that father of the victim namely, Kalicharan made a written report stating that he belongs to scheduled caste and his 14 year old daughter (victim) was going to pluck garlic at about 2.00 in the afternoon on 10.3.2012 and when she was crossing the house of the accused Puttu Lal, he forcibly dragged the victim to his house and subjected her to sexual assault. The victim on return informed such
The conviction for rape can be sustained based on the victim's testimony and medical evidence, but a conviction under the SC/ST Act requires clear evidence that the crime was motivated by the victim'....
The prosecution must establish that an offence under the SC/ST (POA) Act was committed specifically because the victim belongs to a Scheduled Caste, and the accused must have actual control over a ju....
As per Section 3(1)(xii) of said Act, it must be proved that accused was in a position to dominate will of a woman belonging to a Scheduled Caste or Scheduled Tribe Community and uses that position t....
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 conviction under the SC/ST(POA) Act requires proof that the offence was motivated by the victim's caste, which was not established in this case.
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