Case Note & Summary
The appellant, Ashok Krishnaji Chintawar, was convicted by the Special Judge, Gadchiroli, for an offence under Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and sentenced to six months' simple imprisonment and a fine of Rs. 500. The complainant, Rupa Suku Punjari, alleged that on 2nd May 1992, the appellant obstructed her on a public way, manhandled her, snatched her bicycle, and sexually assaulted her by inserting his hand into her blouse and pressing her breasts. The prosecution examined six witnesses. The trial court found the charge proved and convicted the appellant. On appeal, the Bombay High Court considered the sole issue of whether the prosecution had established that the complainant was a member of a Scheduled Tribe. The appellant's counsel argued that no caste certificate was produced and the complainant's mere statement that she was 'Madia' by caste was insufficient, especially since the accused denied it in his statement under Section 313 Cr.P.C. The Additional Public Prosecutor contended that the complainant's statement was unchallenged in cross-examination. The High Court held that the burden of proof lies on the prosecution to prove the victim's caste beyond reasonable doubt. Since the accused denied the caste claim and no corroborative evidence like a caste certificate was produced, the prosecution failed to discharge its burden. Consequently, the conviction was set aside and the appellant was acquitted.
Headnote
A) Criminal Law - Atrocities Act - Proof of Caste - Section 3(i)(xi) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - The prosecution must prove beyond reasonable doubt that the victim belongs to a Scheduled Caste or Scheduled Tribe. Mere statement of the complainant that she belongs to 'Madia (Gond)' tribe is insufficient when the accused denies it in his Section 313 Cr.P.C. statement. No caste certificate or other corroborative evidence was produced. Held that the conviction cannot be sustained (Paras 5-6).
Issue of Consideration
Whether the prosecution proved that the complainant belongs to a Scheduled Tribe as required under Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offence under Section 3(i)(xi) of SC/ST (Prevention of Atrocities) Act, 1989. Fine, if paid, to be refunded.
Law Points
- Burden of proof on prosecution to establish victim's caste
- Caste certificate not mandatory but caste must be proved beyond reasonable doubt
- Accused's denial in Section 313 CrPC statement raises doubt
