Convictions under SC & ST (POA) Act must be supported by compelling and consistent evidence of caste-based abuse in public.

ORAL JUDGMENT

1. Appellants have preferred this appeal against the judgment of conviction and order on sentence dated 25.09.2019 passed in Spl.(A) Case No.59/2013 by the II Additional District and Sessions Judge, Shivamogga (for short 'the trial Court).

2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.

3. Brief facts leading to this appeal are that, the Dy.S.P, Bhadravathi Sub Division has submitted the charge sheet against the accused for the commission of offences punishable under Sections 141 , 143, 144, 504, 323, 324, 326, 506(2) and 307 r/w section 149 of IPC and under sections 3(1)(x) and 3(2)(v) of the SC&ST (POA) Act, 1989.

4. It is alleged by the prosecution that, CWs.1 to 4 belong to Scheduled Caste community and accused belong to Kuruba and Lingayath communities. On 23.03.2013 at 09.00 p.m. at Malenahalli Village, when the complainant was near the house of CW2, all the accused persons allegedly formed an unlawful assembly, picked up quarrel with the complainant, abused the complainant in filthy language and being aware that CW1 to CW4 being the members of the Scheduled Caste community, abused CW1 referring to his caste such as Lambani Sulemagane and assaulted him with stick. The accused No.8 has assaulted the complainant with chopper on the backside portion of his head and attempted to kill the complainant. It is further alleged that accused No.1 had shown the chopper and threatened the complainant. Thus, the accused have committed the alleged offences.

5. After filing the charge sheet, the case was registered in Special (A) Case No.59/2013. All the accused appeared before the trial Court and enlarged on bail.

6. Upon hearing the charges, the trial Court has framed charges for the alleged commission of offences. Same was read over and explained to the accused. Having understood the same, accused pleaded not guilty and claimed to be tried.

7. To prove the case of the prosecution, in all 17 witnesses were examined as PWs.1 to 17. Twenty documents were marked as Exhibits P1 to P20 and five material objects were marked as MOs.1 to 5.

8. On closure of prosecution side evidence, statement under Section 313 of Cr.P.C was recorded. The accused have totally denied the evidence of prosecution witnesses. However, they did not choose to lead any defence evidence on their behalf. While recording the evidence of prosecution witnesses, four documents were marked as Exhibits D1 to D4 on behalf of the accused.

9. Having heard the arguments on both sides, the trial Court has acquitted accused Nos.1 to 4 and 8 for the offence under Sections 326, 307, 504 and 506(2) r/w section 149 of IPC and section 3(2)(v) of SC & ST (POA) Act. However, the trial Court has convicted the accused Nos.1 to 4 for the offence under Section 143 and 323 r/w 149 of and Section 3(1)(x) of SC & ST (POA) Act.

10. Further, the accused No.8 is found guilty of the offence under Section 143 , 144 and 324 r/w 149 of IPC and Section 3(1)(x) of SC & ST (POA) Act and the trial Court has acquitted accused Nos.5 to 7, 9 and 10 for commission of alleged offences under Sections 143 , 144, 324, 326, 307, 504, 323 and 506(2) r/w Section 149 of Indian Penal Code and sections 3(1)(x) and 3(2)(v) of SC & ST (POA) Act.

11. The trial Court has passed a sentence to accused Nos.1 to 4 and 8 to undergo simple imprisonment for a period of 2 months each and pay a fine of Rs.500/- each for the offence under Section 143 r/w 149 of IPC . Further, the accused Nos.1 to 4 are sentenced to undergo simple imprisonment for a period of 6 months each and to pay a fine of Rs.1,000/- each for t