Madhya Pradesh High Court
Babli @ Rajkumar Dubey vs The State Of M.P on 12 September, 2012
HIGH COURT OF MADHYA PRADESH,
PRINCIPAL SEAT, JABALPUR
SINGLE BENCH
PRESENT: HON'BLE JUSTICE SHRI N. K. GUPTA
CRIMINAL APPEAL NO.1039/1997
Babli @ Rajkumar Dubey
Vs.
State of Madhya Pradesh
...........................................................................................................
For the appellant : Shri S. Upadhyay, Advocate
For the respondent: Shri Ajay Tamrakar, Panel Lawyer
...........................................................................................................
JUDGMENT
(Delivered on the 12th day of September, 2012) The appellant has preferred this appeal against the judgment dated 8.5.1997 passed by the IIIrd Additional Sessions Judge & Special Judge under SC/ST (Prevention of Atrocities) Act, Bhopal in Special Case No.61/1996 whereby the appellant was convicted for offence punishable under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act (for brevity the "Special Act") and sentenced for 6 month's simple imprisonment with fine of Rs.300/-. In default of payment of fine, one month's additional imprisonment was directed.
2. Prosecution's case in short is that the complainant Geeta (PW5) possessed some spiritual powers and therefore, she 2 Criminal Appeal No.1039 of 1997 was observing the sitting of various devotees in her house on every Monday. On 17.6.1996 the appellant went to the house of the complainant Geeta and shouted that she was a chamaran by caste and therefore, she did not have any spiritual power from God and that she was cheating the various persons. He abused her with filthy abuses and also threatened her. The complainant Geeta went to the Police Station AJK, Bhopal and submitted a written report Ex.P/1. FIR Ex.P/2 was registered in the Police Station and matter was taken for investigation. After due investigation a charge sheet was submitted before the Sessions Judge/Special Judge, Bhopal who, transferred the case to the IIIrd Additional Sessions Judge and Special Judge, Bhopal.
3. The appellant abjured his guilt. He did not take any specific plea but, he has stated that he was falsely implicated in the matter. The complainant was in a habit to lodge false reports. In defence Ram Singh (DW1) was examined.
4. After considering the evidence adduced by the parties the learned Special Judge acquitted the appellants from the charges of offences punishable under Section 294 & 506 of I.P.C but, convicted the appellant for offence punishable under Section 3(1)(x) of the Special Act and sentenced as mentioned above.
5. I have heard the learned counsel for the parties.
6. The learned counsel for the appellant has submitted that there was no enmity of the appellant with the complainant. He was simply telling the complainant that she should not create a scene. She was not blessed with any spiritual power and 3 Criminal Appeal No.1039 of 1997 therefore, she was cheating the public who were collected in her house. The version of the appellant was nowhere connected with the caste of the complainant. However, the prosecution failed to prove the caste of the complainant. Under such circumstances, where it was not proved that the complainant was of scheduled caste or scheduled tribe and therefore, the appellant could not be convicted for offence punishable under section 3(1)(x) of the Special Act.
7. The learned Panel Lawyer has submitted on the other hand that the conviction and sentence directed by the trial Court appears to be correct. There is no basis by which any interference is warranted in this context.
8. After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case it is to be considered as to whether the appeal filed by the appellant can be accepted ?
9. In the present case Geeta (PW5), Rajni (PW4), Mamta (PW3) and Santosh (PW2) were examined as eye witnesses. Out of them Santosh (PW2) turned hostile whereas, Mamta, Rajni and Geeta have stated that on 17.6.1996 when Geeta was distributing Prasad to the devotees after her sitting, the appellant came to the house of the complainant Geeta and told her that she was chamaran and therefore, she could not have been blessed with spiritual powers (Chamaron Ko Devi Nahi Aati). Testimony of these witnesses is duly supported by FIR Ex.P/1 lodged by the complainant. Since the incident took place in the evening and the 4 Criminal Appeal No.1039 of 1997 complainant could not go to the Police Station in the night the FIR was lodged on the next day in the morning and therefore, it cannot be said that FIR was lodged with delay. There was no enmity shown by the appellant with complainant Geeta and the witnesses Rajni or Mamta. Under such circumstances, the testimony of the complainant is acceptable because it is duly corroborated by the independent witnesses Rajni and Mamta and therefore, it is proved that the appellant told the complainant Geeta that being chamaran, she could not be blessed with spiritual powers and that she was making a scene.
10. As discussed above the appellant told the complainant Geeta that being a chamar by caste she could not be blessed with spiritual powers. Certainly it was an insult to the complainant on the basis of the caste. The complainant was blessing her devotees on every Monday on the basis of her spiritual powers and therefore, if the appellant had challenged her in such a manner before her devotees then certainly, it was an insult done by the appellant on the basis of the caste. If the appellant had told her that she did not have any spiritual power and she was cheating them, then it can be said that the appellant was telling the public that complainant had no spiritual powers but the appellant did not say it in such a manner. On the contrary he told the complainant that being a member of the scheduled caste she could not be blessed with such spiritual powers and therefore, looking to the wordings used by the appellant, it is apparent that he insulted the complainant on the basis of caste.
5
Criminal Appeal No.1039 of 1997
11. The learned counsel for the appellant has submitted that the place of the incident was not a public place and when the complainant was categorically asked whether the incident took place inside her house or not, she has replied in para 6 of her statement that the incident took place outside of her house where she was distributing Prasad. According to the spot map Ex.P/4 prepared by Shri B.S. Patel (PW6) D.S.P., AJK, that portion was adjacent to the public road and visible to public in general. Also the entire incident took place before the various devotees present at the spot. Under such circumstances, it cannot be said that the place of the incident was not such that it can be said that it was not within the public view. Under such circumstances, the incident took place in a place which was within the public view.
12. The learned counsel for the appellant has submitted that no caste certificate was obtained by the investigation officer and produced before the Court. The appellant did not accept in his statement under section 313 of the Cr.P.C that the complainant was of scheduled caste and therefore, it is not proved that the complainant was of scheduled caste. Hence no offence punishable under section 3(1)(x) of the Special Act is made out. The statements of the witnesses Rajni and Geeta may be perused in which they have stated that Geeta was Jatav by caste which is a sub-caste of caste chamar. No challenge has been given by the defence counsel to these two witnesses about the caste of the complainant. On the contrary the defence witness Ram Singh (DW1) was examined by the appellant who, has stated that Geeta 6 Criminal Appeal No.1039 of 1997 was Jatav by sub caste and the witness Ram Singh was also of the same caste. Under such circumstances, the caste of the complainant was duly established. If the entire incident is considered then the appellant went to the house of Geeta only because being a chamar she was making such a scene before the public and therefore, the appellant knew that Geeta was a chamar by caste and therefore, she was a member of the scheduled caste. Under such circumstances, if any caste certificate is not submitted before the Court, then it makes no difference. It is established beyond doubt that the complainant was chamar by caste and therefore, she was a member of the scheduled caste.
13. On the basis of the aforesaid discussion, it is apparent that the appellant had insulted the complainant on the basis of her caste where the complainant was a Member of scheduled caste and such insult was done at a place which was within the public view and therefore, the appellant has committed an offence punishable under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. The trial Court has rightly convicted the appellant for the said offence.
14. So far as the sentence is concerned, the trial Court has awarded the minimum sentence as prescribed for such offence, then there is no need to reduce the sentence from the minimum sentence directed by the statute and therefore, there is no need to interfere in the sentence directed by the trial Court.
15. On the basis of the aforesaid discussion it is apparent that the appeal filed by the appellant is not at all acceptable and 7 Criminal Appeal No.1039 of 1997 consequently, it is hereby dismissed. The conviction as well as the sentence directed by the trial Court is hereby maintained. The appellant is directed to surrender before the trial Court forthwith so that he may be sent to jail so that the remaining sentence may be served.
14 Copy of the judgment be sent to the trial Court along with its record for information and compliance.
(N.K.GUPTA) JUDGE 12.9.2012 bina