DINESH @ DILO BHALUBHAI THARUKIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order rendered by the learned Special Judge, Fast Track Court No.2, Jamnagar in Special Criminal Case No.23 of 2002 on 11/08/2003 finding the accused guilty of the offence punishable under Sections 3 (1) (xi) and 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Atrocities Act) and of the offence punishable under Section 376 of the Indian Penal Code (for short IPC) and sentencing the accused for life imprisonment with a fine of Rs.500/, in default, to undergo two months SI.

(2.) We have heard learned Counsel for both the sides at length and have perused the oral as well as documentary evidence on record. While the matter was posted today for further arguments, learned Advocate for the appellant submitted that the appellant does not press the appeal insofar as offence punishable under Section 376 of the IPC was concerned and the appeal was pressed only insofar as the other offences under the Atrocities Act, were concerned.

(3.) Learned Advocate for the appellant submitted that to attract the provisions of the Atrocities Act, it is sine qua non for the prosecution to establish the fact that the victim is and accused is not the member of schedule caste or schedule tribe. It was submitted that no evidence worth the name was adduced to establish the aforesaid fact and, therefore, the learned trial Judge was not right in convicting the accused for the offences punishable under the Atrocities Act.