SEC 3(2)(V) OF THE SC/ST ACT WILL NOT BE ATTRACTED AUTOMATICALLY - SC

7th April 2021

Sec 3(2)(V) of the SC/ST Act will not be attracted automatically - SC.

The SC recently reiterated that Sec 3(2)(V) of the SC/ST Act would not be attracted automatically just because the victim belongs to such a category; the prosecution has to establish ingredients of Sec 3(2)(v).

BACKGROUND

The Petitioner raped a 20-year-old girl who was blind since birth; the accused was tried for offences u/s 376 (1) of IPC and 3 (2) (v) of the SC/ST Act. He was sentenced to life imprisonment and therefore filed an appeal before the Andra Pradesh HC. However, AP HC dismissed the appeal and hence reached the top court.

DECISION

The SC Bench took note that there is no evidence to show that the offence took place just on the ground that the victim belonged to SC, and therefore, the sec 3(2)(v) in the instant case is not sustainable. Justice Chandrachud "Accused will be convicted, but with modification, you have to establish that the ingredients of sec 3(2)(v are made out."

The SC Bench further held that, Although life imprisonment is permissible, we won't confine the sentence to 10 years in this instant case. In this case, the accused was the victim's neighbour and was aware of the fact that she is blind. He went to the girl's house to ask her mother where she is and then raped her.

Author: Papiha Ghoshal

PC: lawstreet journey