STATE OF KERALA Vs. CHANDRAMOHANAN

JUDGEMENT

(1.) One Ramachandran, who was the President of the Pattambi Congress Mandlam, lodged a complaint against the respondent alleging that on 24th October, 1992, the respondent at 3.30 p.m. took one eight year old girl named Elizabeth P. Kora to the class room in the Patambi Government U.P. School, with an intent to dishonour and outrage her modesty. On 11th November, 1992, the said complaint was treated as a First Information Report under Section 509 of the Indian Penal Code. Subsequently on 21st November, 1992, the Investigating Officer came to know that the father of the victim belonged to the Mala Aryan Community, which is considered to be a Scheduled Tribe in the State of Kerala and lodged another First Information Report, charging the respondent under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act'). On the basis of the said First Information Reports, the Chief Judicial Magistrate summoned the respondent taking cognizance against him under Section 3(1)(xi) of the Act as well as under Section 509 of the Indian Penal Code. Aggrieved, the respondent filed a petition under Section 482 of the Code of Criminal Procedure, for quashing the charges framed under Section 3(1)(xi) of the Act. The High Court was of the view that since the victim's parents have embraced Christianity, therefore, the victim ceased to be a member of the Scheduled Tribe. On this premises, the High Court quashed the charges framed against the respondent under Section 3(1)(xi) of the Act. It is against the said judgment, the State of Kerala has preferred this appeal by way of special leave petition.

(2.) When the matter came up before a Bench of two learned Judges, they were of the view that this matter should be heard by a larger Bench. It is by this way, the matter has come up before us.

(3.) The question which has been raised at the Bar is not free from doubt. The Constitution provides for declarations of certain castes and tribes as Scheduled Castes and Scheduled Tribes in terms of Articles 341 and 342 of the Constitution of India. Article 342 reads as under :