2002 Supreme(MP) 458

N.K. Jain, J.
Amanat Ali v. State of M.P.
Cr. Appeal No. 329 of 1992 (I); Decided on 18.4.2002. *

Headnote:Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -- S. 3(1)(x) -- Penal Code, 1860 -- S. 294 -- appellant taking bath in river where women washing their utensils -- on their objection appellant abused them -- not all the women were of scheduled caste -- it cannot be said that accused intended to insult only scheduled caste women -- appellant can only be convicted under S. 294 of the Penal Code.

        vuqlwfpr tkfr vkSj vuqlwfpr tutkfr ¼vR;kpkj fuokj.k½ vf/kfu;e] 1989 && /kkjk && naM lafgrk] 1860 && /kkjk 294 && vihykFkhZ unh esa óku dj jgk Fkk tgk¡ efgyk,¡ vius cjru /kks jgh Fkha mudh vkifRrRr ij vihykFkhZ us mudks xkfy;k¡ nh & lHkh efgyk,¡ vuqlwfpr tkfr dh ugha Fkh & ;g ugha dgk tk ldrk fd vfHk;qDr dk vk‘k; dsoy vuqlwfpr tkfr dh efgykvksa dks viekfur djuk Fkk & vihykFkhZ dsoy naM lafgrk dh /kkjk 294 ds v/khu fl)nks"k Bgjk;k tk ldrk gSA

       

        Accused-appellant is convicted under section 3(1)(x) of the scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 and sentenced to 2 years rigorous imprisonment with fine Rs.1,000/- by 1st Additional Sessions Judge, Neemuch, vide judgment dated 29.5.1992 in Special Case No. 67/1991.

        The only allegation against the appellant is that he started taking bath in a bare chaddi in a village river where some women including a few belonging to Scheduled Caste were cleaning their utensils. On their objecting to the action of the appellant, the latter started abusing them.

        The incident is deposed by Parasbai (PW 1). Chenabai (PW 2) and Mangibai (PW 3).

       

        As already stated in the beginning, the women present on the spot also included those who did not belong to scheduled caste or scheduled tribe. Under the circumstance, it cannot be said that appellant intended to insult or annoy the women belonging to scheduled caste. The incident had taken place by chance when the accused happened to take bath in the river where those women were also present and cleaning their utensiL The act of the appellant, therefore, did not fall within the preview of section 3(1)(x) of the Act and constituted offence only u/s 294 of IPC.

        Honble the Supreme Court in Masumsha [2000 SCC (Cri) 722] has clearly held:

       "To attract the provisions of section 3(2)(v) of the Act, the sine qua non is that the victim should be a person who belongs to a Scheduled Caste or a Scheduled Tribe and that the offence under the Indian Penal Code is committed against him on the basis that such a person belongs to a Scheduled Caste or a Scheduled Tribe. In absence of such ingredients, no offence under section 3(2)(v) of the Act arises. In this case, the trial Court erred in convicting the accused appellant for the offence arising under section-3(2)(v) of the Act only on the basis that there was no controversy that the victim belonged to a Scheduled Caste."

        In the instant case, no such intention can be inferred from the facts proved by the prosecution.

        This appeal thus succeeds in part. The appellants conviction u/s. 3(1)(x) of the SC/ST (Prevention of Atrocities) Act and the sentence of two years RI with fine Rs. 1,000/- awarded against him is set-aside and instead he is convicted u/s. 294 of IPC.

        The incident is more than 10 years old and the appellant being first offender, he be released after due admonition. The amount of fine, if recovered, be refunded to him immediately.

        A. copy of this order be transmitted immediately to the trial Court for compliance.