Raj Shah vs The State Of Madhya Pradesh - Shonee Kapoor

Court: Madhya Pradesh High Court

Bench: JUSTICE VIVEK AGARWAL

Raj Shah vs The State Of Madhya Pradesh on 3 July 2018

Law Point: 

JUDGEMENT

Heard.

Petitioner has filed this criminal revision under Sections 397 and 401 of the Criminal Procedure Code (fort short ‘Cr.P.C.’) against order dated 03.05.2018 passed by the Special Judge (Atrocities), Gwalior, in Special Sessions Trial No.39/2018 framing charges under the provisions of Sections 3(1) (w) (i), 3 (2) (v) and 3 (2) (va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC & ST Act’) and also under Sections 376 and 506 (Part-II) of the Indian Penal Code (for short ‘IPC’).

2. Petitioner fairly submits that as far as framing of the charges under the provisions of Sections 376and 506 (Part- II) of IPC is concerned, he has no grievance against framing of such charges inasmuch as prima-facie the element of rape is apparent. However, he submits that none of the ingredients of Sections 3(1) (w) (i), 3 (2) (v) and 3 (2) (va) of the SC & ST Act are made out.

3. Learned Public Prosecutor submits that the ingredients of Sections 3(1) (w) (i), 3 (2) (v) and 3 (2) (va) of the SC & ST Act are made out from the FIR itself so also the statements recorded by the prosecutrix under Section 161, Cr.P.C. He submits that the prosecutrix is a tenant in the house of petitioner’s father, therefore, the petitioner was aware of the fact that she belongs to a particular community, namely, Scheduled Caste and, therefore, quashing of the charges Sections 3(1) (w) (i), 3 (2) (v) and 3 (2) (va) of the SC & ST Act is not made out.

“Punishments for offences of atrocities –

3 (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe – (w) (i) intentionally touches a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe, when such act of touching is of a sexual nature and is without the recipient’s consent.

3 (2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe –

(v) commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member shall be punishable with imprisonment for life and with fine;

(va) commits any offence specified in the Schedule, against a person or property, knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with such punishment as specified under the Indian Penal Code (45 of 1860) for such offences and shall also be liable to fine.”

4. Language of the aforesaid Sections reproduced above clearly shows that there should be knowledge that a woman belongs to Scheduled Caste and gesture under IPC implied should be of such nature that because a person belonging to a particular caste, such offence has been committed against such member of a Scheduled Caste or Scheduled Tribe or such property belonging to such member.

5. In the present case, the ingredients of Sections 3(1) (w) (i), 3 (2) (v) and 3 (2) (va) of the SC & ST Act are not made out inasmuch as there is no allegation in the FIR or the statement under Section 161, Cr.P.C. that since the prosecutrix belongs to Scheduled Caste community, therefore, such act of rape or violating her privacy was committed on her, therefore, this is a fit case for quashing of the charges under the provisions of Sections 3(1) (w) (i), 3 (2) (v) and 3 (2) (va) of the SC & ST Act.

6. In view of such facts, the charges framed under the provisions of Sections 3(1) (w) (i), 3 (2) (v) and 3 (2) (va) of the SC & ST Act are quashed. Accordingly, the criminal revision is allowed to this extent.

Certified copy as per rules.

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