CHANDRAMOHANAN Vs. S I OF POLICE

JUDGEMENT

(1.) On the basis of a statement dated 11-12-1992 in which there are allegations regarding outraging the modesty of a girl, Crime No: 293 of 1992 was registered by the Pattambi police and after investigation, final report Was filed before the Sessions Court Palghat alleging, offences under S.3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 ( for short 'the Act') and 509 I.P.C. The proceedings are now pending as SC 74 of 1993.

(2.) Petitioner is the accused in the Sessions Case referred to above. He prays to quash the first charge contained in Annexure-A which deals with an offence punishable under S.3(1)(xi) of the Act, According, to him to offence under the above Section is attracted in view of the fact that the victim is not a member of the Scheduled Caste or Scheduled Tribe. Going by the statement recorded by the investigating officer under S.161 Crl P.C, it is seen that her parents originally belonged to Mala-Araya community, which is considered to be Scheduled Tribe in the State of Kerala. But later they embraced Christianity. The victim was born to the parents after they became Christians. So, she can be treated as a Christian by birth. Counsel submits that among the Christians there cannot have Scheduled Castes or Scheduled Tribes and so the victim cannot be treated as a member of the Scheduled Caste or Scheduled Tribe

(3.) Scheduled Castes and Scheduled Tribes are described under S.2(1)(c) of the Act which reads as follows: