Madhya Pradesh High Court
Ram Singh vs The State Of Madhya Pradesh Thr on 15 May, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:10879
1 CRA-552-2006
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 15th OF MAY, 2025
CRIMINAL APPEAL No. 552 of 2006
RAM SINGH
Versus
THE STATE OF MADHYA PRADESH THR
Appearance:
Shri Shobhendra Kumar Tiwari, Advocate for the appellant.
Ms. Padamshri Agrawal, Panel Lawyer for respondent/State.
ORDER
This criminal appeal has been filed under Section 374 of the Cr.P.C.
being aggrieved by the impugned judgment dated 20.07.2006 passed by
Special Judge (Atrocities), Guna in Special Case No.142/2002, whereby
appellant has been convicted for offence under Sections 3(1)(x) the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(in short "Act, 1989") and Sections 323 and 341 of IPC and sentenced to
undergo R.I for 1 year with fine of Rs.500/-, fine of Rs.600/- and Rs.100/-
respectively with usual default stipulations.
2. The prosecution story, in brief, is that on 09.03.2002 at about 02:45
PM at Police Station Kumbhraj, complainant Badam Bai lodged FIR that
today at about 08:00 AM, when she was going to graze the buffaloes of one
Mahendra Singh and when she was going nearby a handpump, at that time,
appellant came there and stopped her and abused her in filthy language and
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2 CRA-552-2006
also used caste related words and committed marpeet with her, due to which,
she sustained injuries on her back and wrist of her left hand. Shivji and Amar
Singh Rajput came there and intervened in the matter. Accordingly, offence
has been registered and complainant was sent for MLC and Dr. Annu Arora
has conducted MLC of the victim.
3. After conclusion of investigation, charge-sheet has been filed
against the appellant/accused before the JMFC, Chachoda, District Guna,
who committed the case to the Court of Special Judge (Atrocities), Guna,
who framed charges under Section 3(1)(x) of the Act, 1989 and Sections
323, 341 of IPC. Appellant/accused abjured his guilt and took a plea that he
has been falsely implicated in the case. The Trial Court after scrutinizing the
evidence available on record and considering the rival submissions made by
both the parties, convicted the appellant/accused for aforesaid offence and
sentenced as stated hereinabove. Being aggrieved by the aforesaid conviction
and sentence, appellant has preferred this appeal.
4. Learned counsel for the appellant contended that caste certificate of
the victim/complainant Badam Bai and others were issued by an incompetent
authority, i.e., the Sarpanch, who is not authorized to issue the same,
therefore, in absence of genuine caste certificate, appellant cannot be
convicted for the offence under the Act, 1989.
5. Apart from the above, learned counsel for the appellant did not
press this appeal on merits in respect of offence under Sections 323, 341 of
IPC and not assailed final portion of the impugned judgment. He confined
his arguments on the point of sentence and prays that since the appellant is
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3 CRA-552-2006
facing trial since 2002, i.e., for the period of almost 23 years and now he is
73 years of age and not having any criminal antecedents, therefore, present
appeal be disposed of accordingly.
6. Learned counsel for the State opposed the prayer and prayed for its
rejection by supporting the impugned judgment.
7. Both the parties heard and perused the record with due care.
8. After perusal of record, it reveals that caste certificate is Exhibit P/3.
It is admitted by learned Panel Lawyer for the State that Sarpanch of Gram
Basaheda Khurd, District Guna (M.P.) was never authorized to issue caste
certificate and, therefore, in absence of the caste being not proved beyond
reasonable doubt, the conviction cannot be upheld under the provisions of
the Act, 1989. Unless caste is proved and certificate is issued by the
competent authority, the conviction for the offence under Section 3(1)(x) of
the Prevention of Atrocities Act cannot be sustained in the eyes of law. Since
Sarpanch of Gram Panchayat, Basaheda Khurd District Guna (M.P.) was
admittedly not a competent authority to issue caste certificate and no
competent caste certificate is made available on record.
9. In Chalaniya Dheemar Vs. State of Madhya Pradesh [ILR 2012 MP
189], it is held that no certificate of any competent authority to that effect
was produced or proved before the Court and, therefore, conviction cannot
be maintained under the provisions of the Act, 1989 in absence of legal
evidence in the Court.
10. In Pillu Alias Pyarelal Vs. State of Madhya Pradesh [ILR 2012
MP 1309] , it is held that if prosecution fails to prove the caste of victim by
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4 CRA-552-2006
any cogent and reliable document issued by the competent authority, then
mere oral deposition of witness would not deem to be proved.
11. Considering the facts and circumstances of the case and also taking
note of the fact that appellant is suffering trial since 2002, i.e., almost 23
years and he is not having any criminal past and now he is 73 years of age,
therefore, this criminal appeal is partly allowed. Appellant's conviction under
Section 3(1)(x) of the Act, 1989 is hereby set aside and he is acquitted from
the charge under Section 3(1)(x) of the Act, 1989 and appellant's conviction
and sentence under Sections 323 and 341 of IPC is, hereby, affirmed.
12. So far as the offence under Sections 323 and 341 of IPC is
concerned, since the appellant is not challenging the said conviction recorded
by the Trial Court, under these circumstances, conviction recorded and
appellant under Sections 323, 341 of IPC is hereby affirmed.
13. If the appellant has deposited fine of Rs.500/- for offence under
Section 3(1)(x) of the Act, 1989, then the same be refunded to the appellant.
14. Let a copy of this order be sent to the Trial Court for information
and necessary compliance.
(ANIL VERMA)
JUDGE
Abhi
