CRLR/299/2022
2022 Latest Caselaw 1847 UK

CRLR No.299 of 2022
Hon'ble Ravindra Maithani, J.

Ms. Pushpa Joshi, Senior Advocate, assisted by Ms. Chetna Latwal, Advocate for the revisionist.

Mr. V.S. Rathore, A.G.A. for the State. The challenge in this revision is made to charge dated 28.05.2022 by which the revisionist has been charged under Sections 376(3), 376(2)(n), 504, 506 IPC and Sections 3(a)/4, 5(l)/6, 5(i)/6 of Protection of Children from Sexual Offences Act, 2012 and under Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned State Counsel has given a statement that the respondent no. 1 has been given notice of this revision.

Heard and perused filed.

It is argued that in the first statement recorded under Section 164 of the Code of Criminal Procedure, 1973 ("the Code"), the victim did not speak anything against the revisionist but subsequently on an application the statement of the victim was again recorded under Section 164 of the Code. It is argued that such re-examination could not have been done. The victim has now stated about rape but it is argued that such statement cannot be the basis for framing charge under Section 376 IPC and 3 of the Act.

In the case of Khuman Singh, the Hon'ble Supreme Court, inter alia, had observed that, "there is no evidence to show that the offence was committed only on the ground that the victim was a member of Scheduled Caste and therefore, the conviction of the appellant-accused under Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not sustainable."

In fact, it has been reiterated by the Hon'ble Supreme Court in the case of Hitesh Verma Vs. State of Uttarakhand, (2020)10 SCC 710.

Having considered the statement of the victim recorded during investigation and material collected by the Investigating Officer and having heard, this Court is of the view that in view of the judgment in the case of Khuman Singh Vs. State of Madhya Pradesh, (2020) 18 SCC 763, the matter, at least, requires deliberation with regard to applicability of Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Admit.

State may file objections within three weeks. State shall make a note of it that objection is filed on time without seeking any adjournment.

List this matter on 18.07.2022, just after fresh cases as first case, for final hearing.

Till then, the proceedings of the trial shall remain in abeyance.

(Ravindra Maithani J.) 27.06.2022

RV