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.

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 05.02.2018 AND SENTENCE DATED 06.02.2018 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT TUMKUR IN SPECIAL CASE NO.303/2015, CONVICTING APPELLANT/ACCUSED NO.2 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 506 READ WITH SECTION 34 OF IPC, SECTION 6 OF POCSO ACT AND SECTION 3(2)(5) OF SC/ST (POA) ACT ETC.

THIS CRIMINAL APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL

AND

HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL)

1. This appeal is filed by accused No.2 in Special Case No.303/2015 on the file of III Additional District and Sessions Judge, Tumkur.

2. Appellant and accused Nos.1, 3 and 4 were prosecuted in Special Case No.303/2015 for the offences punishable under Sections 323, 324, 504, 506 r/w Section 34 of IPC, Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘the POCSO Act’ for short) and Section 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST (POA) Act’) on the basis of charge sheet filed by Pavagada Police in Crime No.121/2015 of their police station on the basis of the complaint/Ex.P1 filed by PW.1/mother of the victim.

3. Appellant was accused No.2 in the said case. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the trial Court.

4. The case of the prosecution on brief is as follows:

As on 27.06.2015, i.e. the date of filing the complaint, PW.2 was aged 14 years. The accused and victim belonged to same village. Accused No.1 was aged 60 years. About 7 months prior to the date of the complaint, one day when victim was returning from the land, accused No.1 dragged her into his house, stuffing cloth into her mouth, committed sexual assault on her. On learning about the incident, accused No.2 blackmailed her that he will reveal the incident to her parents and villagers, he dragged her into his house and committed sexual assault on her. Accused Nos.1 and 2 thereafter committed repetitive sexual assault on the victim and threatened her not to reveal the incident. Ultimately, victim conceived, noticing physical changes in her, PW.1 took her to Ramakrishna Nursing Home. In the hospital, PW.5 upon examining the victim, revealed that victim was 7 months pregnant. When PW.1 and her husband went to the house of accused Nos.1 and 2 questioning their conduct, accused Nos.3 and 4 the relatives of accused Nos.1 and 2 assaulted PW.3/the husband of PW.1. He also criminally intimidated the victim and PWs.1 and 2. Thereafter, PW.1 filed complaint against the accused, based on which FIR was registered by PW.14. Victim belonged to Scheduled Caste.

5. Trial Court on hearing both sides framed the charges against accused Nos.1 to 4 for the offences punishable under Section 6 of the POCSO Act and Sections 323, 324, 504, 506 r/w Section 34 of IPC and Section 3(2)(v) of the SC/ST (POA) Act. As the accused denied the charges, trial was conducted.

6. In support of the case of prosecution, PWs.1 to 16 were examined, Exs.P1 to P19 and MO.1 were marked. During the trial, accused No.1 died. Therefore case against him stood abated. After their examination under Section 313 of Cr.P.C. accused Nos.1 to 4 did not lead any defence evidence. On hearing the parties, by the impugned judgment and the order the Trial Court acquitted accused Nos.3 and 4 of the charges for the offences punishable under Sections 323, 324, 504 read with Section 34 of IPC and convicted accused No.2 for the offences punishable under Section 506 read with 34 of IPC, Section 6 of the POCSO Act and Section 3(2)(v) of the SC/ST (POA) Act and sentenced the appellant/accused No.2 as follows: