VIMALAKKA RAMAPPA KOLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant-accused was prosecuted for the offences punishable under Ss. 196, 198, and 420 of the Indian Penal Code, 1860 (for short, 'the IPC'). The allegation of the prosecution is that on an application made by the appellant on 9/9/2022 to the competent authority falsely claiming that she belongs to Hindu Holer Caste, which was a Scheduled Caste, a caste certificate was issued stating that she belongs to Hindu Holer Caste. Based on the caste certificate, the appellant applied for a grant of a loan to Karnataka Scheduled Caste and Scheduled Tribe Development Corporation Limited, Belgaum and the loan was granted. Later on, the certificate was scrutinized by the District Caste Verification Committee (the Committee), which concluded that the appellant did not belong to the Hindu Holer Caste but belonged to the Hindu Talwar Caste. Accordingly, the Committee invalidated the caste certificate. Based on the First Information Report registered, a charge sheet was filed against the appellant for the offences punishable under Ss. 196, 198 and 420 of the IPC.

(2.) The learned Judicial Magistrate passed an order of acquittal. In an appeal against acquittal preferred by the respondent-State, the Sessions Court, by judgment dtd. 21/1/2015, overturned the order of acquittal and convicted the appellant for the offences punishable under Ss. 196, 198 and 420 of the IPC. The appellant was sentenced to undergo simple imprisonment for three years and a fine of Rs.5,000.00. In default, he was sentenced to undergo simple imprisonment for three months. The same sentence was imposed for the offences punishable under Ss. 198 and 420 of the IPC.

(3.) In a revision petition filed by the appellant, the High Court confirmed the conviction for the offences punishable under Ss. 198 and 420 of the IPC by the impugned judgment. However, it acquitted the appellant for the offence punishable under Sec. 196 of the IPC. The High Court reduced the substantive sentence to six months.