Case Note & Summary
The appellant, Mansingh Baburao Garud, was convicted by the Additional Sessions Judge for offences under Sections 354, 451, 509 of the Indian Penal Code (IPC) and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegations were that on 3rd November 1992, at 2:00 p.m., the appellant entered the house of the prosecutrix, a minor aged about 9 years, and attempted to commit rape. The trial court found that the offence of rape under Section 376 IPC was not made out but convicted the appellant for the lesser offences. The appellant appealed to the Bombay High Court. During the appeal, the parties filed an application for compounding of the IPC offences under Section 320(5) of the Criminal Procedure Code (CrPC). The original complainant (mother of the prosecutrix) and the prosecutrix herself were present with their advocate and stated that they wanted to amicably settle the matter, supported by an affidavit. The court allowed the compounding and set aside the conviction for the IPC offences, acquitting the appellant for those. Regarding the conviction under Section 3(1)(xi) of the SC/ST Act, the court noted that there was no allegation that the appellant committed the offence because the victim belonged to a scheduled caste. The mere fact that the victim was a scheduled caste member is not sufficient to attract the provision. Therefore, the court set aside that conviction as well. The appeal was allowed, and the appellant was acquitted of all charges.
Headnote
A) Criminal Procedure Code - Compounding of Offences - Section 320 CrPC - The court allowed compounding of offences under Sections 354, 451, and 509 IPC as the parties had amicably settled the matter and filed an affidavit, leading to acquittal for those offences (Para 3). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Caste-Based Intent - Section 3(1)(xi) - The conviction under this section was set aside because there was no allegation that the appellant committed the offence on account of the victim belonging to a scheduled caste; the mere fact that the victim was a scheduled caste member is insufficient to attract the provision (Para 4).
Issue of Consideration
Whether the conviction under Section 3(1)(xi) of the SC & ST (Prevention of Atrocities) Act, 1989 can be sustained when there is no allegation that the offence was committed because the victim belonged to a scheduled caste, and whether the IPC offences can be compounded.
Final Decision
Appeal allowed. Conviction under Sections 354, 451, 509 IPC set aside and appellant acquitted for those offences on compounding. Conviction under Section 3(1)(xi) of SC/ST Act also set aside and appellant acquitted for that offence.
Law Points
- Compounding of offences under Section 320 CrPC
- Requirement of caste-based intent for Section 3(1)(xi) SC/ST Act
- Acquittal on compounding of IPC offences
