Munna Patel vs The State Of M.P.
2024 Latest Caselaw 5359 MP

Madhya Pradesh High Court

Munna Patel vs The State Of M.P. on 21 February, 2024

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                         BEFORE
        HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                   ON THE 21 st OF FEBRUARY, 2024
                  CRIMINAL APPEAL No. 183 of 2005

BETWEEN:-
MUNNA S/O THAKUR DAS PATEL , AGED ABOUT 30
YEARS, R/*O VILLAGE LUGASHI PS NAVGAWN,
DISTRICT CHHATARPUR (MADHYA PRADESH)

                                                               .....APPELLANT
(BY MS. SEEMA SAHU - ADVOCATE AS AMICUS CURIAE )

AND
THE STATE OF MADHYA PRADESH.

                                                             .....RESPONDENT
(BY SHRI NARENDRA LODHI - PANEL LAWYER )

      Th is appeal coming on for hearing this day, t h e court passed the
following:
                                 JUDGMENT

By the present appeal filed under Section 374(2) of the Code of Criminal Procedure, the appellant has challenged the judgment of conviction and order of

sentence passed by Special Judge, SC/ST (Prevention of Atrocities) Act Chatarpur in Special Case No.113/2003 whereby the appellant has been convicted under Section 3(1)(11) of SC/ST (Prevention of Atrocities) Act and sentenced to undergo 6 months RI and fine of Rs. 500/- and in default, to further undergo one month RI.

2. As none appeared on behalf of the appellant, Ms. Seema Sahu, Advocate who is present in the Court, has been requested to assist the Court on behalf of

the appellant as amicus curiae.

3. The facts necessary for disposal of the present appeal in brief are that appellant/accused was charged under Sections 354 of IPC and Section 3(1)(11) of SC/ST (Prevention of Atrocities) Act but learned trial Court after considering the evidence on record, he has been found guilty for commission of offence under Section 3(1)(11) of SC/ST (Prevention of Atrocities) Act.

4. It is submitted by the learned amicus curiae for the appellant that the incident was of year 2002 and since then the accused is facing mental agony. Appellant has no criminal antecedent, he is first offender. After getting the bail, he never misused the liberty. He further submits that in absence of caste

certificate, the offence of under Section 3(1)(11) of SC/ST (Prevention of Atrocities) Act is not proved. Therefore, he prayed that appellant may be acquitted from the said offence.

5. Per contra, Learned Panel Lawyer for the respondent/State submitted that learned trial Court has properly appreciated the evidence on record and has rightly convicted and sentenced appellant.

6. Having heard learned counsel for the parties and careful perusal of the record, it is found that no caste certificate has been filed in this case by the prosecution. The star prosecution witnesses i.e. prosecutrix (PW-1), Pammu @ Paramlal (PW-2), Ramkali (PW-3), all three witnesses do not depose about their caste or about that they are belong to the scheduled caste or scheduled tribe. Therefore, in absence of such oral and documentary evidence, it cannot be held that prosecutrix belongs to scheduled caste or scheduled tribe.

7. In Criminal Appeal No. 406/1998 (Shankarlal Vs. State of MP) Coordinate Bench of this Court vide judgment dated 04.07.2013 held that it is necessary to prove the said offence that the accused has insulted the

complainant with intent to humiliate him/her on the ground of complainant being a member of scheduled caste.

8. In Chalaniya Dheemar Vs State of Madhya Pradesh, ILR 2012 MP 189 and Pillu Alias Pyarelal Vs State of Madhya Pradesh, ILR 2012 MP 1309, it has been specifically held by coordinate Bench of this Court that if caste of victim is not proved by cogent and reliable document issued by the competent authority, then mere oral deposition of witness would not be sufficient to prove the caste certificate.

9. In the above factual backdrop when the prosecution failed to prove the offence under Section 3(1)(11) of SC/ST (Prevention of Atrocities) Act, thus, conviction and sentence of appellant under Section 3(1)(11) of SC/ST (Prevention of Atrocities) Act is hereby set aside. Fine amount imposed under this section if deposited by the appellant, be returned to him.

10. Accordingly the appeal is allowed. The appellant is acquitted from the charges under Section 3(1)(11) of SC/ST Act.

11. The record of the learned trial Court along with the copy of the judgment be sent back forthwith to the concerned trial Court for compliance and necessary action.

(RAJENDRA KUMAR VANI)

JUDGE L.R. RANA LALIT SINGH Date: 2024.03.06 18:27:05 +05'30'