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1992 Supreme(MP) 692
1993 (0) MPLJ 49
K.K. Varma, J.
Bharatsingh
vs
Harijan Kalyan Vibhag
Decided on : 22 October, 1992
Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, bars the entertainment of applications for anticipatory bail in cases involving offences under the Act. Section 3(1)(xii) of the Act punishes whoever, being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe, uses that position to exploit her sexually to which she would not have otherwise agreed. Section 3(1)(xi) of the Act punishes whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty.
Headnote:
SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 - SECTION 18 - SECTION 3(1)(XII) - SECTION 3(1)(XI) - SECTION 438(1), CRIMINAL PROCEDURE CODE - APPLICABILITY OF SECTION 18 TO CASES INVOLVING OFFENCES UNDER THE ACT - INTERPRETATION OF SECTION 3(1)(XII) AND SECTION 3(1)(XI) - DISTINCTION BETWEEN RAPE AND OFFENCES UNDER SECTION 3(1)(XII) AND SECTION 3(1)(XI) - APPLICABILITY OF SECTION 18 TO OFFENCES UNDER SECTION 3(1)(XI).
Fact of the Case:
The applicant, Bharat Singh Ravat, was accused of abetting the rape of a woman belonging to a Scheduled Tribe. The prosecution alleged that the applicant was part of a group of four men who surrounded the victim and two of them raped her. The applicant was charged under Sections 341, 376, and 506 (Second Part) of the Indian Penal Code, as well as Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Finding of the Court:
The court held that Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which bars the entertainment of applications for anticipatory bail in cases involving offences under the Act, was applicable to the applicant's case. The court also held that the facts of the case did not bring it within the purview of Section 3(1)(xii) of the Act, which punishes whoever, being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe, uses that position to exploit her sexually to which she would not have otherwise agreed. However, the court held that the facts of the case did bring it within the purview of Section 3(1)(xi) of the Act, which punishes whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty.
Issues: 1. Whether Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, bars the entertainment of applications for anticipatory bail in cases involving offences under the Act. 2. Whether the facts of the case bring it within the purview of Section 3(1)(xii) of the Act. 3. Whether the facts of the case bring it within the purview of Section 3(1)(xi) of the Act.
Ratio Decidendi: 1. Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, bars the entertainment of applications for anticipatory bail in cases involving offences under the Act. 2. Section 3(1)(xii) of the Act punishes whoever, being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe, uses that position to exploit her sexually to which she would not have otherwise agreed. This provision envisages a case of a prior association in fact of the offender and the victim in which the offender was in a position to dominate the will of the woman and the woman was in a position, by virtue of that association, susceptible of being so dominated by the offender. 3. Section 3(1)(xi) of the Act punishes whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty. This provision is applicable to cases where there is an assault or use of force upon a woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty.
Final Decision: The court dismissed the applicant's application for anticipatory bail.
K.K. Varma, J.
1. Applicant by Shri D.R. Sharma, Acvocate. State by Shri D.R. Sihare, Panel Lawyer. They are heard.
2. Applicant Bharat Singh Ravat apprehends his arrest in Crime No. 20/91 (P.S. Harijan Kalyan, Gwalior) registered under Sections 341, 376 and 506 (Second Part), Indian Penal Code and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The other co-accused are Kamal Singh, Munna Singh and Surendra Singh.
3. Mathura Bai, wife of Jagram, a member of the Scheduled Tribe (aged 35 years) is the prosecutrix in this case.
4. The first point for determination is whether Section 18 of the S.C. and S.T. (Prevention of Atrocities) Act, 1989 is bar to the entertainment of this application under Section 438(1), Criminal Procedure Code.
5. Section 18 of the Act reads as under : --
"18. Section 438 of the Code not to apply to persons committing an offence wider the Act. -- Nothing in Section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act."
6. The Police have also made an accusation under Section 3(1)(xii) of the Act which runs as follows :
"3. Punishments for offences of atrocities. -- (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe - ..... ...... ...... ....... ....... .......
(xii) being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed." ..... ...... ...... ....... ....... .......
7. The version of the prosecutrix Mathura Bai, in her F.I.R. is that while she had been cutting kans near a stream outside her village, applicant Bharat Singh and co-accused Munna Singh, Surendra Singh and Kamal Singh of her own village surrounded her. Co-accused Munna bore her down amongst kans and then he had sexual intercourse with her. Co-accused Surendra also committed sexual intercourse with her ignoring her entreaties. At this juncture some persons belonging to her village appeared on the scene and then the four accused persons fled.
8. Thus, ex facie a case of an abetment of the rapes is made out against the applicant on the supposition that the F.I.R. contains the truth. That is so because the applicant had come in a group of four persons of which two had committed rapes in his presence. Thus, coming of the applicant with others and his continued presence while the rapes were going on is the salient feature bringing the case of the applicant as an abettor and an abetment of such an offence is punishable with the punishment provided for the main offence.
9. On the face of it, the rapes were committed purely by use of brute force represented by the appearance of the accused persons in a group and the use of criminal force and threat of criminal assault for overcoming her will. On the other hand, Clause (xii) of Sub-section (1) of Section 3 proceeds on the supposition that the accused being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed.
10. In my view, this provision envisages a case of a prior association in fact of the offender and the victim in which the offender was in a position to dominate the will of the woman and the woman was in a position, by virtue of that association, susceptible of being so dominated by the offender. Besides, there has to be evidence that the offender used that position to exploit her will to which she would not have otherwise agreed. In other words, it contemplates the exploitation of a woman sexually by virtue of the position occupied by the offender with reference to the victim under a state of association between them. Illustrations come to the mind are the master and a female servant, a guardian and a ward, a teacher and a student, an elderly relative of the vict
