Criminal Procedure Code, 1973, Section 320 – Penal Code, 1860, Sections 354 and 451 – Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989, Section 3(1)(xi) – Atrocities – Conviction set aside – Whether the conviction of the appellant for the offence punishable under Section 3(1)(xi) of the SC/ST Act and the rejection of the application under Section 320 CrPC was justified and lawful? – Case as projected in the FIR and the sworn testimony of the prosecutrix would reveal that the prosecutrix/complainant was engaged for doing household jobs in the house of the accused appellant who tried to outrage her modesty while the prosecutrix/complainant was doing the household chores – Held that apparently thus, even from the highest allegations of the prosecutrix, the offending act was not committed by the accused with the intention that he was doing so upon a person belonging to the Scheduled Caste- Conviction of the accused appellant for the offence under Section 3(1)(xi) of the SC/ST Act was otherwise also not sustainable on merits – Hence, the conviction of the accused appellant as recorded by the trial Court and upheld by the High Court for the offence under Section 3(1)(xi) of the SC/ST Act liable to be set aside and quashed – The appellant is acquitted of the charge under Section 3(1)(xi) of the SC/ST Act. (Para 9 and 11)
SUPREME COURT OF INDIA
2024 STPL(Web) 63 SC
[2024 INSC 68]
Dashrath Sahu Vs. State Of Chhattisgarh
Criminal appeal no. 487 of 2024 (Arising out of SLP(Crl.) No(s). 6367 of 2023)-Decided on 29-1-2024
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