SHAIK SHABUDDIN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Leave granted.

(2.) In the Special Leave Petition, notice was issued limited to the quantum of sentence. Despite that we perused the judgment to satisfy ourselves regarding the conviction. We have very serious reservation about the conviction under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 ['the SC/ST Act'] and also on certain circumstances found by the Division Bench of the High Court to convict the accused, which we are dutybound to notice since while confirming the conviction for rape and murder we may not be understood as having approved the said reasoning of the High Court, whose order merges with our order.

(3.) Briefly stated, on 24/11/2019, the deceased, wife of PW-1 who had been dropped at Yellapatar Village, by PW1, to pursue their vocation of hawking utensils, was found missing and the calls to her mobile were not answered. A complaint was lodged with the police who along with PW1 and his relatives, searched for the missing person. Eventually her dead body was found on the next day, first detected by PW3, within the bushes on the right side of the road leading to Yellapatar Village. PW1 rushed to the spot, identified the body and immediately intimated the police upon which an inquest was carried out and the criminal law put in motion. Based on Ex. P2 complaint of PW1, PW24 altered the provisions of law to Ss. 376D and 302 read with Sec. 34 of the Indian Penal Code, 1860 [for short, 'the 'IPC'] and Sec. 3(2)(v) of the SC/ST Act.