38.6c New Delhi, India, Friday, October 17, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

To Sustain Conviction U/S 3(2)(V) SC-ST Act, Offence Must Be Committed Against Person On The Ground That Such Person Is A Member Of SC-ST: SC

By LawStreet News Network      28 August, 2019 02:02 PM      0 Comments
To Sustain Conviction U/S 3(2)(V) SC-ST Act, Offence Must Be Committed Against Person On The Ground That Such Person Is A Member Of SC-ST: SC

The Supreme Court on August 27, 2019, in the case of Khuman Singh v. State of MP has reiterated that in order to sustain a conviction under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, it must be proved that the offence was committed only on the ground that the victim was a member of the Scheduled Caste or Scheduled Tribe.

The Bench comprising of Justice R. Banumathi and Justice A.S. Bopanna passed the ruling while hearing an appeal against the Madhya Pradesh High Court which affirmed the conviction of the appellant-accused under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the sentence of life imprisonment imposed upon him.

In this case, both the Trial Court and the High Court recorded the finding that the accused scolded the deceased that he belongs to "Khangar" Caste and how he could drive away the cattle of the person belonging to "Thakur" Caste and therefore, thus concluded that the accused has committed the offence under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

In appeal, however, the Supreme Court Bench set aside the conviction of the accused on the ground that there is nothing to suggest that the offence was committed by the accused only because the deceased belonged to a Scheduled Caste.

The Bench referred to the apex court judgment in Dinesh alias Buddha v. State of Rajasthan and observed that As held by the Supreme Court, the offence must be such so as to attract the offence under Section 3(2)(v) of the Act. The offence must have been committed against the person on the ground that such person is a member of Scheduled Caste and Scheduled Tribe. In the present case, the fact that the deceased was belonging to "Khangar"-Scheduled Caste is not disputed. There is no evidence to show that the offence was committed only on the ground that the victim was a member of the 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 is not sustainable.

Read the Judgment



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

sc-dissuades-immediate-action-against-shoe-throwing-lawyer
Trending Judiciary
SC dissuades immediate action against shoe throwing lawyer

SC discourages action against lawyer who tried to hurl shoe at CJI, saying it may trigger another social media episode and divert focus from vital cases.

16 October, 2025 12:26 PM
adrs-approach-communal-ec-tells-sc-on-claim-of-muslims-exclusion-in-bihar-sir
Trending Judiciary
ADR's approach communal, EC tells SC on claim of Muslims' exclusion in Bihar SIR

EC tells SC that ADR’s claim of Muslim exclusion in Bihar voter rolls reflects a “communal approach,” dismissing it as false and politically motivated.

16 October, 2025 06:29 PM

TOP STORIES

delhi-hc-acquits-pocso-accused-rules-age-documents-not-gospel-truth-if-shaky-or-suspicious
Trending Judiciary
Delhi HC Acquits POCSO Accused, Rules Age Documents Not “Gospel Truth” If Shaky Or Suspicious [Read Judgment]

Delhi HC acquits POCSO convict, ruling that age proof documents under the Juvenile Justice Act can’t be treated as “gospel truth” if doubtful.

11 October, 2025 02:58 PM
sc-orders-cbi-probe-into-karur-stampede-during-rally-of-actor-politician-vijays-tvk
Trending Judiciary
SC orders CBI probe into Karur stampede during rally of actor politician Vijay's TVK

SC orders CBI probe into Karur stampede at Vijay’s rally; appoints ex-SC judge Ajay Rastogi to monitor impartial investigation into deaths of 41 people.

13 October, 2025 11:56 AM
sc-dismisses-plea-to-form-sit-to-probe-rahul-gandhis-allegations-of-electoral-rolls-manipulation
Trending Judiciary
SC dismisses plea to form SIT to probe Rahul Gandhi's allegations of electoral rolls manipulation

SC dismisses PIL seeking SIT probe into Rahul Gandhi’s allegations of electoral roll manipulation; asks petitioner to approach Election Commission.

13 October, 2025 03:28 PM
sc-notice-to-centre-tn-kerala-on-plea-to-decommission-mullaperiyar-dam
Trending Judiciary
SC notice to Centre, TN, Kerala on plea to decommission Mullaperiyar dam

SC issues notice to Centre, Tamil Nadu & Kerala on plea to decommission 120-year-old Mullaperiyar Dam citing safety concerns and risk to 10 million lives.

13 October, 2025 03:32 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email