Man Singh Patle vs The State of Madhya Pradesh

B.D. Rathi, J.—Heard on admission. This revision petition is filed against the order dated 6/8/13 passed by Special Judge ((under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act")), Balaghat in Special S.T. No. 26/13, whereby charges under Sections 354 of the IPC and Section 3(1)(xi) of the Act were framed against the petitioner.

At the outset, learned counsel for the petitioner submitted that he did not want to press the petition so far as it related to charge u/s 354 of the IPC. He further submitted that even if the prosecution case is accepted at its face value, then too offence u/s 3(1)(xi) of the Act was not made out.

In response, learned G.A. submitted prima facie the charge u/s 3(1)(xi) of the Act was rightly framed in view of the material brought on record.

Impugned judgment, charge-sheet along with the documents annexed thereto and the police statement of the prosecutrix dated 22/2/13, were perused and, accordingly, this Court is of the view that prima facie there is no evidence to show that petitioner used criminal force against the prosecutrix to outrage her modesty only because she belonged to a particular caste or community. Therefore, charge u/s 3(1)(xi) of the Act could not have been framed against the petitioner only because prosecutrix belonged to Scheduled Tribe (Gond).

In view of the aforesaid, the petition is allowed in part. Petitioner is discharged only of the offence u/s 3(1)(xi) of the Act. Needless to say that he shall be tried for the offence u/s 354 of the IPC. Copy of the order be sent to the trial Court for information and compliance.