Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Chh) 9336

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rajani Dubey, J
Pawan Singh – Appellant
Versus
State of Chhattisgarh – Respondent
CRA No. 406 of 2009

Advocates:
For the Appellants/Petitioners: Siddhant Tiwari
For the Respondents: Shubha Shrivastava

A conviction under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, cannot be sustained if the caste certificate of the complainant is issued subsequent to the date of the alleged incident.

Headnote:(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Caste certificate obtained post-incident - Prosecution failed to prove victim belonged to Scheduled Caste at time of incident - Conviction under Section 3(1)(x) set aside. (Paras 10, 11, 13)

(B) Indian Penal Code - Sections 147, 341, 294, 336/149, 295-A - Conviction affirmed based on cogent oral and medical evidence - Sentence reduced to period already undergone considering incident occurred 19 years ago. (Paras 15, 16)

Facts of the case:
Appellants were convicted for offences under the IPC and the Act of 1989 regarding an incident during a religious procession where the complainant was allegedly assaulted and abused. Four of the original eight accused died during the pendency of the appeal. The appellants argued that the evidence was contradictory and the caste status of the complainant was not substantiated.

Findings of Court:
While the court affirmed the conviction under the IPC, it found that the caste certificate relied upon by the prosecution was issued after the incident and was a temporary document, failing to meet the requirements to prove the complainant's Scheduled Caste status for an offense under the Atrocities Act.

Issues: Whether the conviction under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was sustainable given the timing of the caste certificate issuance and whether the sentence was excessive.

Ratio Decidendi: If a caste certificate is obtained after the date of the alleged incident, it cannot be used to establish the caste status of the complainant at the time of the offense to satisfy the requirements of Section 3(1)(x) of the Atrocities Act.

Result: Appeal partly allowed; conviction under Atrocities Act set aside; sentence under IPC reduced to time served.

Table of Content
1. registration of appeal and impact of death of co-accused. (Para 1 , 2)
2. prosecution evidence evaluation and defense contention. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9)
3. requirement of valid caste certificate contemporaneous to incident. (Para 10 , 11 , 12 , 13)
4. affirmance of conviction under ipc following credible medical testimony. (Para 14 , 15)
5. sentencing discretion based on time elapsed and incarceration period. (Para 16 , 17 , 18 , 19)

Judgment On Board

1. The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973, assailing the judgment of conviction and order of sentence dated 23.04.2009 passed by the learned Special Judge (Atrocity), Bilaspur (C.G.), in Special Criminal Case No. 07/2008, whereby the appellants have been convicted and sentenced as under-:

S. No.	Conviction	Sentence
1.	U/s. 147 of Indian Penal Code	R.I. for 03 – 03 months to each accused
2.	U/s. 341 of Indian Penal Code	R.I. for 01 – 01 month to each accused
3.	U/s. 294 of Indian Penal Code	R.I. for 01 – 01 month to each accused
4.	U/s. 336/149 of Indian Penal Code	R.I. for 03 – 03 months to each accused
5.	U/s. 295 (A) of Indian Penal Code	R.I. for 06 – 06 months with fine of Rs.500/- - 500/- each, in default of payment of fine amount additional R.I. for 03 months each accused
6.	U/s.3 (1) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989	R.I. for 06 – 06 months with fine of Rs.500/- - 500/- each, in default of payment of fine amount additional R.I. for 03 months each accused
All the sentences shall run concurrently

2. As per the report received in pursuance of the bailable warrant issued on 01.04.2025 against the appellants, appellant Nos. 1, 2, 3 and 8 have died. Accordingly, the present appeal stands abated in respect of appellant Nos. 1, 2, 3 and 8. Hence, the instant appeal is now being prosecuted on behalf of appellant Nos. 4, 5, 6 and 7 only.

3. As per the prosecution case, on 22.10.2007 at about 5:30 PM, during the occasion of Durga Visarjan at Village Paunsara, the accused persons, forming an unlawful assembly, are alleged to have assaulted the complainant, Krishnanand Suryawanshi (P.W.-5), by means of lathi, danda, and stones, and also abused him in filthy and obscene language. The incident was subsequently reported to the concerned Police Station, and upon completion of investigation, a charge-sheet came to be filed against the appellants. The Learned Trial Court, having taken cognizance of the matter, framed charges against the appellants under the relevant provisions of law, to which they pleaded not guilty and claimed to be tried.

4. In order to prove its case, the prosecution examined as many as 13 witnesses. Statements of the accused/appellants were also recorded under Section 313 of Cr.P.C. wherein they denied all the incriminating circumstances appearing against them and pleaded innocence and false implication in the case. In their defence, they did not examine any witness.

5. Learned trial Court after appreciating oral and documentary evidence available on record, convicted the appellants and sentenced them as mentioned in para 1 of this judgment. Hence, this appeal.

6. Learned counsel for the appellants submits that the impugned judgment of conviction and sentence passed by the Learned Trial Court is illegal, erroneous, and unsustainable in law, having been rendered on a misappreciation of facts and evidence on record. It is contended that the Learned Trial Court has failed to properly appreciate the testimony of the prosecution witnesses and has arrived at findings which are perverse and not borne out from the evidence on record. The evidence adduced by the prosecution is stated to be contradictory, unnatural, and unreliable, and suffers from material inconsistencies between the statements recorded during investigation and those deposed before the Court. It is further submitted that the Learned Trial Court

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2026 Supreme(Online)(Chh) 9336

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRajani Dubey, JPawan Singh – AppellantVersusState of Chhattisgarh – RespondentCRA No. 406 of 2009

A conviction under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, cannot be sustained if the caste certificate of the complainant is issued subsequent to the date of the alleged incident.

Cases Referred (1)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rajani Dubey, J
Pawan Singh – Appellant
Versus
State of Chhattisgarh – Respondent
CRA No. 406 of 2009