REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1182 OF 2015

ASHARFI

…Appellant

Versus

STATE OF UTTAR PRADESH

....Respondent

J U D G M E N T

R. BANUMATHI, J.

1.

This appeal arises out of the judgment of the Allahabad High

Court in Criminal Appeal No. 8270 of 2007 dated 29.01.2013 in and by

which the High Court affirmed the conviction and sentence of the

appellant awarded by the trial court. The trial court vide its judgment

dated 30.11.2007 convicted the appellant for the offences under

Sections 450, 376(2)(g), 323 IPC and under Section 3(2)(v) of the

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)

Act, 1989 [for short 'the SC/ST Prevention of Atrocities Act]. For

conviction under Section 376(2)(g) IPC, the appellant was sentenced

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Digitally signed by

NEETU KHAJURIA

Date: 2017.12.09

12:26:25 IST

Reason:

Signature Not Verified

to undergo rigorous imprisonment for ten years with fine of Rs. 8,000/-

with default clause and for conviction under Section 3(2)(v) of the

SC/ST Prevention of Atrocities Act, the appellant was sentenced to

undergo life imprisonment with fine of Rs. 10,000/- with default clause.

The appellant was also imposed sentence of imprisonment for other

offences under Indian Penal Code.

2.

Case of the prosecution is that on the intervening night of

8/9.12.1995, appellant Asharfi and one Udai Bhan are alleged to have

forcibly opened the door and entered inside the house of PW-3-Phoola

Devi and PW-4-Brij Lal and said to have committed rape on PW-3

Phoola Devi. PW-4-Brij Lal was kept away on the point of pistol. On

raising alarm, neighbours (PW-1-Rassu and PW-2-Baghraj) came

there and on seeing them, the accused persons ran away threatening

the witnesses. Based on the complaint lodged by the complainant Brij

Lal, FIR was registered in Case Crime No.76 of 1996 under Sections

376/452/323/506 IPC and under Section 3(1) 12 SC/ST Act against

appellant and one Udai Bhan. After completion of investigation,

chargesheet was filed against the appellant and the said Udai Bhan for

the abovesaid offences. As noted above, the appellant and Udai Bhan

were convicted for various offences by the trial court. In the appeal

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preferred by the appellant before the High Court, the High Court

affirmed the conviction of the appellant and the said Udai Bhan.

3.

We have heard the learned amicus curiae appearing for the

appellant. None appeared on behalf of the respondent. We have

carefully perused the impugned judgment and materials on record.

4.

So far as the conviction under Section 376(2)(g) IPC is

concerned, based upon the evidence of PW-3-Phoola Devi and PW-4

Brij Lal and the medical evidence, both the courts below recorded

concurrent findings that the charge of rape has been proved. We are

not inclined to interfere with the same and also the sentence of ten

years of imprisonment imposed upon him. We also find no perversity

with respect to the conviction and sentence of the appellant with

respect to other offences under Indian Penal Code.

5.

In respect of the offence under Section 3(2)(v) of the SC/ST

Prevention of Atrocities Act, the appellant had been sentenced to life

imprisonment. The gravamen of Section 3(2)(v) of SC/ST Prevention

of Atrocities Act is that any offence, envisaged under Indian Penal

Code punishable with imprisonment for a term of ten years or more,

against a person belonging Scheduled Caste/Scheduled Tribe, should

have been committed on the ground that "such person is a member of

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a Scheduled Caste or a Scheduled Tribe or such property belongs to

such member". Prior to the Amendment Act 1 of 2016, the words used

in Section 3(2)(v) of the SC/ST Prevention of Atrocities Act are "......on

the ground that such person is a member of a Scheduled Caste or a

Scheduled Tribe".

6.

Section 3(2)(v) of the SC/ST Pre